'-2. 

62d Congress ) SENATE (Document 

ia Session ) ^ (No. 896 

OCCUPATION OF 
MEXICAN TERRITORY 



MESSAGE FROM THE 
PRESIDENT OF THE UNITED STATES 

TRANSMITTING 

IN ANSWER TO A RESOLUTION OF 
THE HOUSE OF REPRESENTATIVES OF 
DECEMBER 15. 1846, REPORTS FROM THE 
SECRETARY OF WAR AND THE SECRE- 
TARY OF THE NAVY RELATIVE TO THE 
OCCUPATION OF MEXICAN TERRITORY 



^ 



WASHINGTON 

GOVERNMENT PRINTING OFFICE 

1912 



r 60 u 



In the Senate of the United States, 

August 5, 1912. \ 

Ordered, That executive document numbered sixty, " Occupation : 

of Mexican Territory," message from tiie President of the United ' 

States, December twenty-second, eighteen hundred and forty-six, ; 

executive documents, first session. Thirtieth Congress, pages one hun- ! 

dred and forty-nine to two hundred and twenty-nine, inclusive, be ' 

reprinted for the use of the Senate document room. I 

Attest : j 

Chas. G. Bennett, Secretary, 
By H. M. Rose, Assistant Secretary. i 



»rrr 15 toi9 



\ 



y 



A' 



0^ 



\ I House Executive Documeut No. 60, Thirtieth Congress, first session.] 

OCCUPATION OF MEXICAN TERRITORY. 



MESSAGE 

FROM THE 



PRESIDENT OF THE UNITED STATES, 



IN ANSWER TO A 



BESOLUTION OF THE HOUSE OF REPRESENTATIVES OF THE 15TH 
INSTANT RELATIVE TO THE OCCUPATION OF MEXICAN TERRI- 
TORY. 



December 22, 1S4G. — Read and laid upon the table. 



To the House of Representatives of the United States: 

In compliance with the request contained in the resolution of the 
House of Representatives of the loth instant, I communicate here- 
with reports from the Secretaiy of War and the Secretary of the 
Navy, with the documents which accompany them. 

These documents contain all the " orders or instructions " to any 
military, naval, or other officer of the Government, '' in relation to 
ihe establishment or organization of civil government in any por- 
tion of the territory of Mexico which has or might be taken pos- 
session of by the Army or Navy of the United States." 

These orders and instructions were given to regulate the exercise 
of the rights of a belligerent, engaged in actual war, over such 
portions of the territory of our enemy as, by military conquest 
might be "taken possession of" and be occupied by our armed 
forces — rights necessarily resulting from a state of war and clearly 
recognized by the laws of nations. This was all the authority 
which could be delegated to our military and na\'al comnumders, 
and its exercise was indispensable to the secure occupation and 
possession of territory of the enemy which might be conquered. 
The regulations authorized were temporary, and dependant on the 
rights acquired by conquest. They were authorized as belligerent 
rights, and were to be carried into effect by military or naval offi- 
cers. They were but the amelioration of martial law, which modern 
civilization requires, and were due as well to the security of the 
conquest as to the inhabitants of the conquered territory. 



4 OCCUPATION OF MEXICAN TERRITOEY. j 

The dofument.s communicated also ccmtain the reports of several 
highly meritorious officers of our Army and Navy, who have con- 
quered and taken possession of portions of the enemy's territory. 

Among the documents accompanying the report of the Secretary i 
of War, will be found a " form of government." " established and , 
organized " by the military commander Avho conquered and occu- 
pied with his forces the Territory of Xew Mexico. This document ! 
was received at the AVar Department in the latter part of the last fc 
month, and, as will be perceived by the report of the Secretary of j 
War, was not, for the reason stated by that officer, brought to my | 
notice until after my annual message of the 8th instant was com- (; 
municated to Congress. I 

It is declared on its face to be a " temporary government of the ''■ 
said Territory;"' but there are portions of it which purj^ort to '• es- ' 
tablish and organize"* a permanent territorial government of the i 
United States over tlie Territory, and to impart to its inhabitants i 
political rights which, under the Constitution of the United States, , 
can be enjoyed permanently only b}" citizens of the United States. 
These have not l)een " appi'oved and recognized '' by me. Sucli 
organized regtdations as have been established in any of the con- 
quered Territories for the security of our conquest, for the preser- ' 
vation of order, for the protection of the rights of the inhabitants, ;, 
and for depriving the enemy of the advantages of these Territories, ' 
while the military possession of them by the forces of the United 
States continue, Avill be recognized and ai)proved. 

It will be apparent from the reports of the officers who have i 

been required by the success which has crowned their arms to ex- ] 
ercise the poAvers of temporary government over the conquered 

Territories, that if any excess of power has been exercised, the de- , 
parture has been the offspring of a patriotic desire to give to the 

inhabitants the privileges and immunities so cherished by the peo- i| 
pie of our own country, and which they believed calculated to 

improve their condition and promote their prosperity. Any such I 

excess has resulted in no practical injury, but can and Avill be early ; 

corrected, in a manner to alienate as little as possible the good feel- \ 

ings of the inhabitants of the conquered territory. j 

James K. Polk. | 

Washington, December 22, 1846. 



War Department, December 21, 1840. 
Sir: In compliance with your request to be furnished with all 
the information in the AVar Dopartment in regard to the objects of 
inquiry embraced in the resolution of the House of Representatives 
of the 15th instant. I have the honor to report that the accompa- 
nying papers, numbered from 1 to 24, contain all the orders and 
instructions Avhicli have issued from this department to any officer 
of the Army '" in relation to the establishment or organization of 
civil government in anv portion of the territory of Mexico. Avhich 
has been or might be taken possession of by the Army or Navy of 
the United States." They also furnish all the information in this 
department in relation to any form of government which any such 



OCCUPATION OF MEXICAN TERRITORY. ^ 

officer has established or organized, and also in relation to any ap- 
proval or recognition of such goA ernnient. 

As the information called for by the resolution of the House of 
Representatives is contained in various dispatches which rehite 
principally to military operations, I have preferred, in most in- 
stances, to give the whole document, though parts of it liave little 
or no direct relation to the matters embraced in that resolution. 
What is omitted does not relate to any branch of the inquiry, but 
chiefly to the plans of the campaign, and contemplated military 
movements, which it would not be proper to make public. 

You will perceive that I stated, in my letter of the Hd of June 
last, to Gen. Kearny, that a proclamation in the Spanish lan- 
guage would be furnished to him for the purpose of being distrib- 
uted among the Mexican peo])le. A few copies of the proclama- 
tion prepared for Gen. Taylor Avere sent to Gen. Kearny ; but, owing 
to the dilferent circumstances under which the two generals might 
be placed, it was afterwards deemed proper to instruct Gen. Kearny 
not to use them, and I am not aware that he did so in any instance. 
My letter to him on this subject, dated the 6th oi June, is one of the 
paper lierewith transmitted. 

Among the accompanying documents you will find tvro procla- 
mations issued by Gen. Kearny, but neither the form nor substance 
of them was furnished from this department. 

In relation to the annexed paper. No. 24, called the '" Organic 
Law of the Territory of New Mexico," it is proper that I should 
state that it Avas received at the Adjutant General's Office on the 
23d of November, and thence sent to me. As the document Avas 
voluminous, and my AAdiole time Avas required for the indispensable 
current business of the department, then unusually pressing, and 
for preparing my annual report to accompany your message to 
Congress, I did not, at that time, nor until a feAV days since, ex- 
amine it, and it Avas not laid before you to receive your directions 
in regard to it. 

I haA'C the honor to be, very respectfully, your obedient servant. 

W. L. Marcy. 
To the President. 



List ok Papers Accompana'ing thk Kkport of thk Secret .vrv of War to 
THE President, in Answer to the IIesoltition of the House of Kfprf- 

SENTATIVES OF THE 1.5tH OF DECEMBER, lS4fi. 

No. 1. Letter of the Secretary of War to Gen. Keai-nv, dated 

June 3, 1846. 
No. 2. Extract of a letter of the Secretary of AVar to Gen. Taylor, 

dated July 9, 1846. 
No. 3. r>«tter of the Secretary of War to Gen. Taylor, dated July 

6, 1846, inclosing the circular of the Secretary of the 

Treasury. 
No. 4. Circular of the Secretary of the Treasury, dated June 30, 

1846. 
No. 5. Letter of the Secretary of War to Col. SteA^enson. dated 

September 11, 1846. ' 



6 OCCUPATION OF MEXICAN TEKRITORY. 

No. 6. Letter of the Secretary of War to Gen. Kearny, dated Sep- 
tember 12, 1846. 

No. 7. Letter of the Adjutant General to the Secretary of War, 
dated December 17, 1846. 

No. 8. Letter of Maj. Gen. Scott to Gen. Kearny, dated November 
3, 1846. 

No. 9. Letter of the Secretary of War to Gen. Taylor, dated June 4, 
1846, with a proclamation in Spanish. 

No. 10. Translation of the proclamation. 

No. 11. Letter of the Secretary of War to Gen. Kearny, dated June 
5, 1846. 

No. 12. Proclamation of Gen. Kearny, to the citizens of New Mexico, 
dated July 31, 1846. 

No. 13. Letter of Gen. Kearny to the Adjutant General, dated 
August 24, 1846. 

No, 14. Proclamation alluded to in the preceding letter, dated 
August 22, 1846. 

No; 15. Letter from Gen. Kearny to Gen. Wool, dated August 22, 
1846. . 

No. 16. Appointment bv Gen. Kearny of treasurer for Santa Fe, 
dated August 28, 1846. 

No. 17. Appointment bv Gen. Kearnv of collector for Santa Fe, 
dated August 29, 1846. 

No. 18. Letter from Gen. Kearnv to the Adjutant General, dated 
September 1. 1846. 

No. 19. Order of Gen. Kearny, abolishing the use of stamp paper, 
dated August 29, 1846. 

No. 20. Order of Gen. Kearny regulating licenses for stores, etc., 
and duties on wagons, etc., dated August 27, 1846. 

No. 21. Letter of Gen. Kearnv to the Adjutant General, dated Sep- 
tember 16. 1846. 

No. 22. Letter of Gen. Kearny to the Adjutant General, dated Sep- 
tember 22, 1846 (received at the War Department Novem- 
ber 23). inclosing — 

No. 23. A list of officers appointed by him ; also 

No. 24. Copy of the organic law, compiled under his direction, of 
the Territory of New Mexico. 



No. 1. — Letter of the Secretary of War to Gen. Kearny. 

[Confidential.] AVar Department, 

Washington, June 3, 1846. 

Sir: I herewith send you a copy of my letter to the governor of 
Missouri for an additional force of 1,000 mounted men. 

The object of thus adding to the force under your conunancl is 
not, as you will perceive, fully set forth in that letter, for the rea- 
son that it is deemed prudent that it should not. at this time, become 
a matter of public notoriety; but to you it is proper and necessary 
that it should be stated. 

It has been decided by the President to be of tlie greatest im- 
portance in the pending war with Mexico to take the earliest pos- 
session of Upper California. An expedition Avith that view is hereby 
ordered, and you are designated to command it. To enable vou to 



OCCUPATION OF MEXICAN TEEEITOEY. 7 

be in sufficient force to conduct it successfully this additional force 
of a thousand mounted men has been provided, to follow you in the 
direction of Santa Fe, to be under your orders, or the officer you 
may leave in command at Santa Fe. 

It can not be determined how far this additional force will be 
behind that designed for the Santa Fe expedition, but it will not 
probably be more than a few weeks. When you arrive at Santa Fe 
with the force already called, and shall have taken possession 
of it, you may find yourself in a condition to garrison it with a 
small part of your command (as the additional force will soon be 
at that place), and with the remainder press forward to California, 
In that case you will make such arrangements, as to being followed 
by the reenforcements before mentioned, as in your judgment may 
be deemed safe and prudent. I need not say to you that, in case 
you conquer Santa Fe (and with it will be included the department 
or State of New Mexico), it will be important to provide for retain- 
ing safe possession of it. Should you deem it prudent to have still 
more troops for the accomplishment of the objects herein _ desig- 
nated, you will lose no time in communicating your opinion on 
that point, and all others connected with the enterprise, to this de- 
partment. Indeed, you are hereby authorized to make a direct 
requisition for it upon the governor of Missouri. 

It is known that a large' body of Mormon emigrants are en route 
to California, for the purpose of settling in that country. You are 
desired to use all proper means to have a good understanding with 
them, to the end that the United States may have their coopera- 
tion in taking possession of and holding that country. It has been 
suggested here that many of these Mormon would willingly enter 
into the service of the United States and aid us in our expedition 
against California. You are hereby authorized to muster into serv- 
ice such as can be induced to volunteer; not, however, to a num- 
ber exceeding one-third of your entire force. Should they enter 
the service they will be paid as other volunteers, 'and you can allow 
them to designate, so far as it can be properly done, the persons to 
act as officers thereof. It is understood that a considerable number 
of American citizens are noAv settled on the Sacramento Eiver, near 
Suter's establishment, called " Nueva Helvetia," who are well dis- 
posed toward the United States. Should you, on your arrival in 
the country, find this to be the true state of things there, you are 
Huthorized to organize and receive into the service of the United 
States such portion of these citizens as you may think useful to aid 
you to hold the possession of the country. You will in that case 
allow them, so far as you shall judge proper, to select their own 
officers. A large discretionary power is invested in you in regard 
to these matters, as well as to all others in relation to the expedi- 
tions confided to your command. 

The choice of routes by which you will enter California will be 
left to your better knowledge and ampler means of getting accu- 
rate information. We are assured that a southern roufe (called the 
Caravan route, by which the wild horses are brought from that 
country into New Mexico) is practicable; and it is suggested as not 
improbable that it can be passed over in the winter months, or at 
least late in autumn. It is hoped that this information may prove 
to be correct. ' 



8 OCCUPATION OF MEXICAN TERRITORY. 

In regard to the routes, the practicability of procuring needful 
supplies for men and animals, and transporting baggage, is a point 
to be well considered. Should the President be disappointed in 
his cherished hope, that you will be able to reach the interior of 
Upper California before winter, you are then desired to make the 
best arrangement you can for sustaining your forces during the 
Avinter, and for an early movement in the spring. Though it is 
very desirable that the expedition should reach California this sea- 
son (and the President does not doubt you will make every possible 
effort to accomplish this object), yet if, in your judgment, it can not 
be undertaken with a reasonable prospect of success, you will defer 
it, as above suggested, until spring. You are left unembarrassed 
by any specific direction in this matter. 

It is expected that the naval forces of the United States, which 
are now, or will soon be in the Pacific, will be in possession of all 
the towns on the seacoast. and will cooperate with you in the con- 
quest of California. Arms, ordnance, munitions of war, and pro- 
visions to be used in that country will be sent by sea to our squadron 
in the Pacific for the use of the land forces. 

Should you conquer and take possession of New Mexico and 
Upper California, or considerable places in either, you will estab- 
lish temporary civil governments therein — abolishing all arbitrary 
restrictions that may exist, so far as it may be done with safety. 
In performing this duty it would be wise and prudent to continue 
in their employment all such of the existing officers as are known 
to be friendly to the United States and will take the oath of alle- 
giance to them. The duties at the customhouses ought, at once, 
to be reduced to such a rate as may be barely sufficient to maintain 
the necessary officers, without yielding any revenue to the Govern- 
ment. You may assure the people of those Provinces that it is the 
wish and design of the United States to provide for them a free 
government, with . the least possible delay, similar to that which 
exists in our Territories. They will then be called on to exercise 
the rights of freemen in electing their own representatives to the 
Territorial legislature. It is foreseen that what relates to the civil 
government will be a difficult and unpleasant part of your duty, and 
much must necessarily be left to your own discretion. 

In your whole conduct you will act in such a manner as best to 
conciliate the inhabitants and render them friendly to the United 
States. 

It is desirable that the usual trade between the citizens of the 
United States and the Mexican Provinces should be continued, as 
far as practicable, under the changed condition of things between 
the two countries. In consequence of extending your expedition 
into California, it maj^ be proper that you should increase jonr 
supply for goods to be distributed as presen.ts to the Indians. The 
United States superintedent of Indian affairs at St. Louis will aid 
you in procuring these goods. You will be furnished with a ]3roc- 
lamatitn^ in the Spanish language, to be issued by you, and circu- 



1 No proclamation for circulation was ever furnished to Gen. Kearny. A few copies of 
that prepared for and sent to Gen. Taylor, were forwarded to Gen. Kearny, but be was 
requested not to use th-^m. These copi(>s were the only proclamations sent by the War 
Uepartmert to him, and I am not aware that he ever used any of them. See letter of 
the Secretary of War to Gen. Kearny of the 6th of June, 1846, a copy of which is with 
the pai) rs sent to the President, in answer to the resolution of the House of Represen- 
tatives of the 15th of December, 1846. 

W. L. Marct. 



OCCUPATION OF MEXICAN TEKKITORY. 9 

lated among the Mexican people on your entering into or approach- 
ing their country, ^ou will use your utmost endeavors to h;ne 
the pledges and promises therein contained carried out to the 
utmost extent. 

I am directed by the President to say that the rank of brevet 
brigadier general will be conferred on you as soon as you com- 
mence your movement toward California, and sent round to you 
by sea, or over the country, or to the care of the commandant of 
our squadron in the Pacific. In that way cannon, arms, ammu- 
nition, and supplies for the land forces will be sent to you. 
Very respectfully, j^our obedient servant, 

W. L. Marcy, 

Secretary of ^^'ar. 
Col. S. W. Kearny, 

Fort Leavenworth, Mo. 



No, 2.- — Extract of a Letter tom the Secretary of War to 

Gen. Taylor. 

[Confidential.] War Department, 

Washington,, July 9, I84O. 

Sir: The proclamation which you were directed to spread among 
the Mexican people will have put you in possession of the views 
of the Government in relation to the mode of carrying on the war, 
and also in relation to the manner of treating the inhabitants. The 
war is only carried on to obtain justice, and the sooner that can be 
obtained, and with tlie least expenditure of blood and money, the 
better. One of the evils of war is the interruption of diplomatic 
communications between the respective authorities, and the conse- 
quent Ignorance under wdiich each party may lie in relation to the 
views of the other. The natural substitute of these interrupted 
diplomatic communications is the military intercourse which the 
usages of war allow between contending armies in the field, and in 
which commanding generals can do much toward reopening nego- 
tiations and smoothing the way to a return of peace. 

The President has seen, with much satisfaction, the civility and 
kindness with which you have treated your prisoners, and all the 
inhabitants with whom you have come in contact. He wishes that 
course of conduct continued, and all opportunities taken to con- 
ciliate the inhabitants, and to let them see that peace is within 
their reach the moment their rulers will consent to do us justice. 
The inhabitants should be encouraged to remain in their towns and 
villages, and these sentiments be carefully made known to them. 
The same things may be said to officers made prisoners, or who 
may visit your headquarters according to the usages of war. and 
it is the wish of the President that such visits be encouraged; and, 
also, that you take occasion to send officers to the headquarters of 
the enemy for the military purposes, real or ostensible, which are 
of ordinary occurrence between armies, and in which opportunity 
may be taken to speak of the war itself as only carried on to ob- 
tain justice, and that we had much rather procure that by negotia- 



10 OCCUPATIOX OF MEXICAX TEKRITORY. 

tion than by fighting. Of course, authority to speak of your Gov- 
ernment will be disavowed, but a knowledge of its wishes will be 
averred, and a readiness will be expressed to communicate to your 
Government the wishes of the Mexican Government to negotiate 
for honorable peace, whenever such shall be iheir wish, and with 
the assurance that such overtures will be met in a corresponding 
spirit by your Government. A discreet officer, who understands 
Spanish, and who can be employed in the intercourse so usual be- 
tween armies, can be your confidential agent on such occasions, and 
can mask his real under his ostensible object of a military interview. 

You will also readily comprehend that in a country so divided 
into races, classes, and parties as Mexico is, and with so many 
local divisions among departments and personal divisions among 
individuals, there must be great room for operating on the minds 
and feelings of large portions of the inhabitants, and inducing 
them to wish success to an invasion which has no desire to injure 
their country, and which, in overthrowing their oppressors, may 
benefit themsehes. Between the Spaniards, who monopolize the 
wealth and power of the country, and the mixed Indian race, who 
bear its burdens, there must be jealousy and animosity. The same 
feelings muse exist between the lower and higher orders of the 
clergy, the latter of whom have the dignities and the revenues, 
while the former have poverty and labor. In fact, the curates 
were the chief authors of the revolution which separated Mexico 
from Spain, and their relative condition to their superiors is not 
much benefited by it. Between the political parties into which the 
country is divided, there must be some more liberal and more 
friendly to us than others; the same may be said of rival chiefs, 
political and military; and even among the dei^artments there are 
local antipathies and dissensions. In all this field of division — in 
all these elements of social, political, personal, and local discord — 
there must be openings to reach the interests, passions, or prin- 
ciples of some of the parties, and thereby to conciliate their good 
will and make them cooperate with us in bringing about an hon- 
orable and a speedy peace. The management of these delicate 
movements is confided to your discretion; but they are not to 
paralyze the military arm. or in any degree to arrest or retard your 
military movements. These must proceed vigorously. Policy and 
force are to be combined, and the fruits of the former will be prized 
as highly as those of the latter. 

It is seen from the Mexican papers that great attempts are made 
to prejudice and exasperate the minds of the people against us. 
The war is represented on their part as one of "national existence," 
as if it was our wish to destroy the Mexican nation. It is repre- 
sented as a war of "rapine and plunder," as if we intended to rob 
and oppress the people. It is represented as a war of " impiety," 
as if we were going to rob churches and pull down altars. The 
conduct of yourself, 3^our officers, and men has shown to all Mexi- 
can citizens that you have met. and as far as you have gone, the 
injustice and absurdity of all these imputations; but they are still 
systematically propagated through the country, and must find be- 
liiivers in a country where ignorance is so great, and the means of 
disseminating truth so small. The counteraction of these injurious 
nnputations will be your particular duty; first, by a continuation 



OCCUPATIOlsr OF MEXICAN TEERITOEY. 11 

of your just and honorable conduct toward the people, their prop- 
erty and religion, and kindness to prisoners; and next, by making 
it a point in your interviews with the commanders of the army of 
the enemy to speak of these unjust imputations for the purpose of 
correcting" them. It is the President's wish not only to bring the 
war to a speed}' conclusion, but so to conduct it as to leave no last- 
ing animosities behind to prejudice the future friendship and com- 
merce of the two countries, nor to permit injurious reports to go 
forth to excite the ill will of the other Rejjublics of Spanish origin 
against us. 

Availing yourself of divisions which you may find existing among 
the Mexican people — to which allusion has been made — it will be 
your policy to encourage the separate departments or States, and 
especially those whicii you may invade and occupy, to declare their 
independence of the central Government of Mexico, and either to 
become our allies or to assume, as it is understood Yucatan has done, 
a neuiral attitude in the existing Avar between the United States 
and Mexico. In such of the departments or States as may take 
this course you will give the inhabitants assurances of the protec- 
tion of your Army until the retiu^n of peace, so far as may be con- 
sistent with your military plans of operation. AVhen peace is made, 
they may decide for themselves their own form of government. In 
such departments as may be conquered, or assume a neutral attitude, 
YOU may, at your discretion, observe the same course of conduct as 
that presented in the instructions given to Gen. Kearny by the de- 
partment on the 3d day of June, 1846. A copy of the instructions 
to Gen. Kearny is herewith transmitted to you. 

******* •s 

I have the honor to be, very respectfully, your obedient servant, 

W. L. Marcy. 



Nij, 3. — Letter of the Secretary of War to Gen. Taylor. 

War Department, 
Washington, July 6, 1846. 
Sir : I have the honor to inclose you a circular of the Secretary 
of the Treasury relative to the commerce and trade with Matamoros 
and such other places in Mexico as may be in the actual occupancy 
or under the control of the American forces. I believe the circular 
contains all the instructions you may need for the guidance of your 
conduct. Should there be other points not embraced in it, they will 
receive prompt attention when brought to the notice of this depart- 
ment. 

I am, with great respect, your obedient servant, 

W. L. Marcy, 



Maj. Gen. Z. Taylor, 

Commanding, etc. 



Secretary of War. 



12 OCCUPATION OF MEXICAN TERRITOKY. 

Xo. 4. — Circular to Collectors and Other OrncERS or the 

Customs. 

Treasury Department, June 30^ 181^6. 
The circular of this department of the 11th instant contained the 
following paragraph : 

By the law of nations, as I'ecognlzetl by repeated decisions of onr judicial 
tribunals, the existence of a state of war interdicts all trade or coninierce be- 
tween the citizens of the two nations enga.2:ed in the war. It consequently fol- 
lows that neither vessel nor merchandise of any description can be allowed to 
proceed from ports or places in the I'nited States to ports or places in the Terri- 
tories of Mexico, with the exception of such ports or places in the latter coun- 
try as may be at the time in the actual possession of the T'uited States forces. 

Matamoros is now in the actual possession of the forces of the 
United States, and perhaj^s other ports and places on the same side 
of the Rio Grande. 

In case of the application of vessels for clearances for the port of 
Matamoros, j^ou will issue them under the following circumstances: 

First. To American vessels o\\\y. 

Second. To such vessels carrying only articles of the growth, pro- 
duce, or manufacture of the United States or of imports from foreign 
countries to our own upon which the duties have been fully paid; 
and upon all such goods, whether of our own or of foreign countries, 
no duties will be chargeable at the port of Matamoros, so long as it 
is in the possession of the forces of the United States. 

In issuing this order it is not intended to interfere with the au- 
thority of Gen. Taylor to exclude such articles, including spirituous 
liquors or contraband of war. the introduction of which he may con- 
sider injurious to our military operations in Mexico. 

Foreign imports which may be reexported in our vessels to Mata- 
moros will not be entitled to any drawback of duty; for, if this were 
permitted, they would be carried from that port into the United 
States, and thus evade the payment of all duties. 

^Vhenever any other port or place upon the Mexican side of the 
llio Grande shall have passed into the actual possession of the forces 
of the United States, such ports and places will be subject to all the 
above instructions which are applicable to the port of Matamoros. 

R. J. Walker, 
Secretary of the Treasury. 



Xo. 5. — Letter of the Secretary of War to Col. Stevenson. 

War Department, Septernher 7i, ]8Jf6. 
Sir; The transports having on board the regiment under your 
command, are destined to the Pacific, and will repair to our naval 
squadron now on the coast of California. Instructions, with a copy 
of which you are herewith furnished, have been given to the naval 
commander on the station in regard to his operations, and you are 
directed to cooperate with him in carrying out his plans, so far as 
the land forces may be needed for that purpose. Without under- 
tnking to give specific instructions as to the movements of our 
forces in that quarter — for much must be left to the judgment of 



OCCUPATION OF MEXICAN TERRITORY. 13 

the rommandin^' officers — it is proper to state that the military oc- 
cupation of California is the main object in view. There are three 
points deemed to be worthy of particular attention. These are San 
Francisco. Monterey, and San Diego. It is important to have pos- 
session of the Bay of San Francisco and the country in that vicin- 
ity. The necessity of having something like a permanent and se- 
cure position on the coast of California, and probably at this place, 
will not be overlooked. Assuming that such a position will be 
found and selected in the Bay of San Francisco, it is expected that 
■A fortification, such as the means at your command may enable you 
to construct, will be erected, and that the heavy guns heretofore 
sent out and those taken by the transports, to the extent needed, 
will be used for its armament. This work should be designed for 
a twofold object — the protection of the vessels in the bay and the 
•security of the land forces. The selection of the site will be an 
'.mportant matter. It should be preceded by a careful examination 
of the place with reference to both objects, and the location made 
under the advice and direction of the commanding naval officer. It 
may, however, be that your first debarkation will not be at this point. 
The circumstances Avhich may be found to exist on your arrival in 
that region must control in this matter. 

It is probable that Monterey will have been taken b}^ our naval 
force before the land troops reach that coast, and they may be 
needed to hold possession of it. This place is also securecl by forti- 
fications or temporary works from an attack either by sea or land. 
Judging from the information we have here of what will be the state 
of things on your arrival on the coast of California, it is concluded 
that these will be found to be the important points, and the pos- 
session of them essential to the objects in view in prosecuting the 
war in that quarter; but the particular mention of them is by no 
means intended as instructions to confine our military operations to 
them. As to the third place suggested — San Diego — less is known 
of it than the other two. Should the naval commander determine 
to take and hold possession of it, and need the land force, or a part 
of it, for that purpose, you will, of course, yield to his views in that 
respect. Whatever is done upon the coast of California or of any 
other part of Mexico will require, it is presumed, the cooperation 
of the land and naval forces, and it is not doubted that this coopera- 
tion will be cordially rendered. 

The point or points of debarkation of the regiment under your 
command should be settled as speedily as practicable after your ar- 
rival upon the Mexican coast and the transports discharged. The 
land forces will thereafter be attended with the vessels of the squad- 
ron. The ordnance, ammunition, arms, and all descriptions of pub- 
lic property which are not required on shore, or can not be safely 
deposited there, will be transferred to the public ships. Upon them 
the land forces must rely for bringing supplies where water trans- 
portarion is necessary. If the exigency of the service requires these 
forces to remove from one place to another on the coast, the public 
vessels will furnish the means of doing so. 

The regiment under your command, as well as the company of 
Capt. Tompkins, which has preceded it, is a part of Gen. Kearny's 
command, but it may be that he will not be m a situation to reach 
you by his orders immediately on your debarkation. Until that is 



14 OCCUPATION OF MEXICAN TERRITORY. 

the case yours will be an independent command, except when en- 
gaged in joint operations with the naval force. 

It is not expected that you will be able to advance far into the 
country, nor is it advisable for you to undertake any hazardous en- 
terprises. Until you shall fall under the command of Gen. Kearny 
your force will be mostly, if not wholly, employed in seizing and 
holding important possessions on the seacoast. 

The Government here have received information which is deemed 
to be reliable, though not official, that our squadron in the Pacific 
had taken possession of Monterey as early as the Gth of July last. 

There is reason to believe that California is not favorably disposed 
to the central government of Mexico, and will not be disposed to 
make a vigorous resistance to our operations in that quarter. Should 
yo!i find sacli to bo the state of things there, it will be of the greatest 
importance that the good will of the people toward the United 
States should be cultivated. This is to be done by liberal and kind 
treatment. They should be made to feel that we come as deliverers. 
Their rights of person, property, and religion must be respected and 
sustained. The greatest care must be taken to restrain the troops 
from all acts of license or outrage; the supplies drawn from the 
country mast be paid for at fair prices; and, as far as possible, 
friendly relations should be established. In the event of hostile re- 
sistance, your operations must be governed by circumstances, and 
you must use the means at your command to accomplish the objects 
in view — the military occupation of the country. It is not, however, 
expected that much can be done, if preparations have been made to 
resist, until the force under Gen. Kearny shall have entered the 
country. 

You are directed to embrace every opportunity to communicate 
with this department, and to furnish it with not only a full account 
of your movements and operations previous to your coming under 
the direct command of Gen. Kearny, but with such other informa- 
tion as may be useful for the department to possess in regard to 
conducting the war in that quarter. 

Your attention is particularly directed to that portion of the in- 
structions to the commanding officer of the squadron in the Pacific, 
herewith, which has reference to the joint operation of the land and 
naval force, and vou will conform A^our conduct thereto. 

You are also furnished with an extract from instruction to Gen. 
Kearny, giving directions for the course of conduct to be pursued 
while in the military occtipation of any portion of the enemy's 
country, together with a copy of a letter to Gen. Taylor, inclosing 
one from the Secretary of the Treasury in regard to commercial 
intercourse with such paits of the enemy's ports, etc., as may be 
in possession of our forces. These are to be regarded as instructions 
to you, siiould you find yourself placed in the circumstances therein 
contcmplnted. You will take the earliest opportunity to make the 
commanding officer of the squadron in the Pacific fully acquainted 
with your instructions and the accompanying papers. Where a place 
is taken by the joint action of the naval and land force, the naval 
officer in command, if superior in rank to yourself, will be entitled 
to make arrangements for the civil government of it while it is held 
by the cooperation of both branches of the military force. All your 



OCCUPATION OF MEXICAN TERRITOEY. 15 

powers in this respect will, of course, be devolved on Gen. Kearny 
whenever he shall arrive in California and assume the command of 
the volunteer regiment. As soon as practicable you will furnish 
him witli a copy of this communication and the other papers herewith 
transmitted. 

Very respectfully, your obedient servant, 

W. L. Marcy, 

Secretary of War. 
Col. J. D. Stevenson, 

C omTYhcinding Regiment of Volunteers., 

Governors Island^ Harhor of New York. 



No. 6. — Letter of the Secretary or War to Gen. Kearny. 

War Department, 

Washington, September 12, 181^.6. 

Sir : A volunteer regiment raised in the State of New York, en- 
gaged to serve during the war with Mexico, and to be discharged 
wherever the}'' may be at its termination, if in a territory of the 
United States, has been mustered into service, and is about to embark 
at the port of New York for California. This force is to be a part 
of your command, but, as it may reach the place of its destination 
t)efore j^ou are in a condition to subject it to your orders, the colonel 
of the regiment, J. D. Stevenson, has been furnished with instructions 
for his conduct in the meantime. I herewith send you a copy thereof, 
as well as a copy of the instructions of the Navy Department to the 
commander of the naval squadron in the Pacific; a copy of a letter 
lo Gen. Taylor, with a circular from the Treasury Department; a 
copy of a letter from Gen. Scott to Capt. Tompkins; and a copy of 
general regulations relative to the respective rank of naval and 
Army officers. These, so far as applicable, will be looked upon in 
the light of instructions to yourself. The department is exceedingly 
desirous to be furnished by you with full information of your 
progress and proceedings, together with your opinion and views as 
to your movements in California, having reference as to time, route, 
etc. Beyond the regiment under the command of Col. S. Price and 
the separate battalion called for at the same time by the President 
from the governor of Missouri, a requisition for one regiment of 
infantry was issued on the 18th of July last, but the information 
subsequently received here induced the belief that it would not be 
needed, and the difficulty of passing it over the route at so late a 
period in the season with the requisite quantity of supplies, etc., 
was deemed so great that the orders to muster it into service have 
been countermanded. It will not be sent. Your views as to the 
sufficiency of your force and the practicability of sustaining a larger 
one, etc., are desired. 

I am, with great respect, your obedient servant, 

W. L. Marcy, 

Secretary of War, 

Gen. S. W. Kearny, 

Fort Leavemoorth, Mo. 



16 OCCUPATION OF MEXICAN TERRITORY. 

"NTo. T. — Letter of the Adjutant General to the Secretary of 

War. 

Adjutant General's Office, 
Washington^ Deeemher 17^ 181^6. 

Sir: In answer to the resolution of the House of Representatives 
of the loth instant, calling: for copies of all orders and instructions 
given to Gens. Taylor, Wood. Kearny, or any other officer, relative 
to the establishment or organization of civil government in Mexico 
by United States officers, also what forms of government such officers, 
or either of them, may have established, etc., I have the honor to 
submit the inclosed copy of the letter of instructions of Maj. Gen. 
Scott to Brig. Gen. Kearny, dated November 3, 1816, being the only 
communication from this office, or that of the Commanding General 
of the Army, having any reference to the subject of the House reso- 
lution. 

In respect to the second head of the inquiry, I have to state that 
on the 28d of November a communication was received from Brig. 
Gen. Kearny, dated at Santa Fe, N, Mex., September 22. 1816, 
sending a copy of the laws established by his authority for the gov- 
ernment of that Territory, and also a list of the persons he had ap- 
pointed to office. This communication was immediately laid before 
rhe Secretary of War. and has not since been returned to this office. 
No other communication touching the subject of civil government in 
Mexico has been received at the Adjutant General's Office. 

Respectfully submitted. 

R. Jones, 
Adjutant General. 

Hon. W. L. Marcy. 

Secretai^y of War. 



No. 8. — Letter from Maj. Gen. Scott to Gen. Kearny. 

Headquarters of the Arjniy, 

Washington., November 5, 18Jf6. 

Sir: We have received fi-om you many official reports, the latest 
dated September the 16th. A special acknowledgment of them, by 
dates, will go herewith from the Adjutant General's Office. 

Your march upon and conquest of New Mexico, together with 
the military dispositions made for holding that Province, have won 
for you, I am authorized to say, the emphatic approbation of the 
Executive, by whom it is not doubted that your movement upon and 
occupation of Upper California will be executed with like energ}, 
judgment, and success. 

You will at Monterey, or the Bay of San Francisco, find an en- 
gineer oiFicer (Lieut. Halleck) and a company of the United States 
Artillery, under Capt. Tompkins. It is probable that an officer of 
Engineers or of topographical engineers has accompanied you from 
Santa Fe. Those officers and the company of artillery, aided by 
other troops under your command, ought promptly to be employed 
in erecting and garrisoning durable defenses for holding the Bays 



OCCUPATION OF MEXICAN TEEEITOKY. 17 

of Monterey and San Francisco, together with such other important 
points in the same Province as yotl maj'^ deem it necessary to occupy. 
Intrenching tools, ordnance, and ordnance stores went out in the ship 
Lexington^ with Capt. Tompkins. Further ordnance supplies may 
be soon expected. 

It is perceived by dispatches received at the Navy Department 
from the commander of the United States squadron on the coast of 
the Pacific that certain volunteers were taken into service by him 
from the settlers about the Bays of Monterey and San Francisco, to 
aid him in seizing and holding that country. With a view to regu- 
lar payment, it is desirable that those volunteers, if not originally 
mustered, should be caused by you to be regularly mustered into 
service (retrospectively), under the volunteer act of May 13, 1846, 
...mended by an act of the following month. This may be done 
with the distinct understanding that, if not earlier discharged as 
jio longer needed, ^^ou will discharge them at any time they may 
signify a wish to that effect. 

You will probably find certain port charges and regulations estab- 
lished for the harbors of the Province by the commanders of the 
United States squadron upon its coast. The institution and altera- 
tion of such regulations appertain to the naval commander, who is 
instructed by the proper department to confer on the subject with 
the commander of the land forces. As established, you will, in your 
sphere, cause those regulations to be duly respected and enforced. 
On the other hand, the appointment of temporary collectors at the 
several ports appertains to the civil governor of the Province, who 
will be for the time the senior officer of the land forces in the country. 
Collectors, however, who have been already appointed by the naval 
commander will not be unnecessarily changed. 

As a guide to the civil governor of Upper California, in our hands, 
see the letter of June the 3d (last), addressed to you by the Secretary 
of War. You will not, however, formally declare the Province to 
be annexed. Permanent incorporation of the territory must depend 
on the Government of the United States. 

After occupjdng with our forces all necessary points in Upper 
California, and establishing a temporary civil government therein, 
as well as assuring yourself of its internal tranquillity and the absence 
of any danger of reconquest on the part of Mexico, you may charge 
Col. Mason, United States First Dragoons, the bearer of this open 
letter, or land officer next in rank to your own, with your several 
vluties. and return yourself, with a sufficient escort of troops, to St. 
Louis, Mo., but the body of the United States Dragoons that accom- 
panied you to California will remain there until further orders. 

It is not known what portion of the Missouri Volunteers, if any, 
marched with you from Santa Fe to the Pacific. If any, it is neces- 
sary to provide for their return to their homes and honorable dis- 
-^■harge, and on the same supposition they may serve j^ou as a sufficient 
escort to Missouri. 

It is known that Lieut. Col. Fremont, of the United States Rifle 
Eegiment, was in July last with a party of men in the service of 
the United States Topographical Engineers, in the neighborhood 
of San Francisco or Monterey Bay, engaged in joint operations 
against Mexico with the United States squadron on that coast. 

S. Doc. 896, 62-2 2 



18 OCCUPATION OF MEXICAN TEERITORY. 

Should you find him there, it is desired that you do not detain him, 
against his wishes, a moment longer than the necessities of the 
service may require. 

I need scarcely enjoin deference and the utmost cordiality on the 
part of our land forces toward those of our Navy in the joint service 
on the distant coast of California. Reciprocity may be cordially 
expected, and toward that end frequent conferences between com- 
manders of the two arms are recommended. Harmony in coopera- 
tion, and success can not but follow. 

Measures have been taken to supply the disbursing ofKcers, who 
nave preceded and who may accompany you, with all necessary 
funds. Of those measures you will be informed by Col, Mason. 
I remain, sir, with great respect, your obedient servant, 

WiNFiELD Scott. 

Brig. Gen. S. W. Kearny, U. S. Army, 

Commanding U. S. Forces^ Tenth Military Department. 



No. 9. — Letter or the Secretary or War to Gen. Tayix)r. 

War Department, June ^ 181^6. 
Sir: I send herewith a number of copies of a proclamation in the 
•Spanish language, addressed to the people of Mexico, which you are 
requested to sign and cause to be circulated in the manner and to the 
extent you may deem proper. You will use your utmost endeavors to 
have the pledges and promises therein contained carried out to the 
fullest extent. There are also sent some copies of the proclamation 
in the English language. 

Ver}^ respectfully, your obedient servant, 

W. L. Marcy, 

Secretary of War. 
Brevet Maj. Gen. Z. Taylor, 

Commanding Army of Occupation, Texas. 



No. 10. — Translation of a Proclamation, in Spanish, Furnished 

TO Gen. Taylor. 

a proclamation by the general commanding the army of the 

UNITED states OF AMERICA. 

To the people of Mexico: 

After many years of patient endurance the United States are at 
length constrained to acknowledge that a war now exists between 
our Government and the Government of Mexico. For many years 
our citizens have been subjected to repeated insults and injuries, 
our vessels and cargoes have been seized and confiscated, our mer- 
chants have been plundered, maimed, imprisoned, without cause and 
without reparation. At length your Government acknowledged the 
justice of our claims, and agreed by treaty to make satisfaction 
by payment of several millions of dollars, but this treaty has been 



OCCUPATION OF MEXICAN TEEKITORY. 19 

violated by your rulers, and the stipulated payments have been with- 
held. Our late effort to terminate all difficulties by peaceful negotia- 
tion has l)een rejected by the dictator Paredes, and our minister of 
peace, whom your rulers had agreed to receive, has been refused a 
hearing. He has been treated with indignity and insult, and Paredes 
has announced that war exists between us. This war, thus first 
proclaimed by him, has been acknowledged as an existing fact by 
our President and Congress with perfect unanimity, and Avill be 
prosecuted with vigor and energy against your army and rulers, but 
those of the Mexican people who remain neutral will not be molested. 
Your Government is in the hands of tj^rants and usurpers. They 
have abolished your State governments, they have overthrown your 
federal constitution, they have dej^rived you of the right of suffrage, 
destroyed the liberty of the press, despoiled you of your arms, and 
reduced you to a state of absolute dependence upon the power of a 
military dictator. Your army and rulers extort from the people by 
grievous taxation, by forced loans, and military seizures the very 
money which sustains the usurpers in power. Being disarmed, you 
are left defenseless, an easy prey to the savage Cumanches, who not 
only destroy your lives and property, but drive into a captivity, more 
liorrible than death itself, your wives and children. It is your mili- 
tary rulers who have reduced you to this deplorable condition. It 
is these tyrants and their corrujit and cruel satellites, gorged with 
the people's treasure, by whom you are thus oppressed and impover- 
ished, some of whom have boldly advocated a monarchial govern- 
ment, and M'ould place a European prince on the throne of Mexico. 
We come to obtain reparation for repeated wrongs and injuries, we 
come to obtain indemnity for the past and. security for the future, 
we come to overthrow the tyrants who have destroyed your liberties; 
but we come to make no war upon the people of Mexico, nor upon 
any form of free government they may choose to select for them- 
selves. It is our wish to see you liberated from despots, to drive back 
the savage Cumanches, to prevent the renewal of their assaults, and 
to compel them to restore to j^ou from captivity your long-lost wives 
nnd rhildren. Your religion, your altars and clnn^ches, the prop- 
erty of your churches and citizens, the emblems of your faith and its 
ministers shall be protected and remain inviolate. Hundreds of 
our Army and hundreds of thousands of our people are members of 
the Catholic Church. In every State and in nearly every city and 
village of our Union Catholic churches exist and the priests per- 
form their holy functions in peace and security, under the sacred 
guarantee of our Constitution. We come among the people of 
Mexico as friends and republican brethren, and all who receive us 
as such shall be protected, whilst all who are seduced into the army 
of your dictator shall be treated as enemies. We shall want from 
you nothing but food for our Army, and for this you shall always be 
paid in cash the full value. It is the settled policy of your tyrants 
to deceive you in regard to the policy and character of our Govern- 
ment and people. These tyrants fear the example of our free insti- 
tutions, and constantly endeavor to misrepresent our purposes and 
inspire you with hatred for your republican brethren of the Ameri- 
can Union. Give us but the opportunity to undeceive you and you 
will soon learn that all the representations of Paredes were false, 



20 OCCUPATION OF MEXICAN TEKRITOEY. 

and were only made to induce 3'0ii to consent to the establishment oi' 
a despotic government. 

In your struggle for liberty with the Spanish monarch}^ thousands 
of our countrymen risked their lives and shed their blood in your 
defense. Our own commodore, the gallant Porter, maintained in 
triumph your flag upon the ocean, and our Government was the 
first to acknoAvledge your independence. With pride and pleasure 
we enrolled your name on the list of independent Republics, and sin- 
cerely desired that you might in peace and prosperity enjoy all the 
blessings of free government. Success on the part of your tyrants 
against the Army of the Union is impossible; but if they could suc- 
ceed it would only be to enable them to fill your towns with their 
soldiers, eating out your substance, and harassing you with still more 
grievous taxation. Already they have abolished the liberty of the 
jDress as the first step toward the introduction of that monarchy 
which it is their real purpose to proclaim and establish. 

Mexicans, we must treat as enemies and overthrow the tyrants 
who, whilst they have wronged and insulted us, have deprived you 
of your liberty, but the Mexican people who remain neutral during 
the contest shall be protected against their military despots by the 
republican Army of the Union. 



No. 11. — Letter oe the Secretary of War to Gen. Kearny. 

War Department. 
Washington^ June S, 1846. 
Sir: I inclose to you a few copies of a proclamation prepared 
for Gen. Taylor, to issue to the Mexicans. I discover that there are 
parts of it that will not answer our purpose for Santa Fe or Upper 
California. You will not, therefore, use these copies. It is intended 
to make the needful alterations in it, and, thus altered, send on 
copies ^ to you before you will have occasion to distribute them. I 
must, however, urge you not to use those which have been for- 
warded. 

Yours, respectfully, W. L. Marcy. 

Col. S. W. Kearny. 



]s^Tq_ 12^ — Proclamation of Gen. Kearny' of 31st July 

proclamation to the citizens of new MEXICO BY COL. KEARNY, 
COMMANDING THE UNITED STATES FORCES. 

The undersigned enters New Mexico with a large military force 
for the purpose of seelring union with and ameliorating the condi- 
tion of its inhabitants. This he does under instructions from his 
Government, and with the assurance that he will be amply sustained 
in the accomplishment of this object. It is enjoined on the citizeTis 
of New Mexico to remain quietly at their homes and to pursue their 

1 No proclamation modified as proposed was sent.— W. L. Marcx. 



OCCUPATION OF MEXICAN TEEKITOKY. 21 

peaceful avocations. So long as they continue in such pursuits they 
will not be interfered with by the American Army, but will be re- 
spected and protected in their rights, both civil and religious. 

All who take up arms or encourage resistance against the Govern- 
ment of the United States will be regarded as enemies, and will be 
treated accordingly. 

S. W. Kearny, 
Colonel First Dragoons. 

Camp at Bents Fort, on the Arkansas, 

July SI, 18Jf6. 



No. 13. — Letter of Gen. KexVrny to the Adjutant Gener.\l. 

Headquarters Army of the West, 

Santa Fe, N. Mex., Avgust 2J^, 181^6. 

Sir: I have to report that on the 18th instant the Army under my 
command marched into this city, the capital of New Mexico, having 
met with no armed resistance, the Mexican troops, numbering about 
4,000, which had been collected on the road by Gov. Armijo to oppose 
us, having dispersed on our approaching them, and the governor him- 
self having fled, with a troop of his dragoons, toward Chihuahua. 
On the 22d I issued a proclamation, claiming the whole of New^ 
Mexico, with its then boundaries, as a Territory of the United States 
of America, and taking it under our protection. I send herewitli 
copies of all official papers on the subject. The people of the Terri- 
tory are now perfectly tranquil, and can easily be kept so. The intel- 
ligent portion know the advantages they are to derive from the 
change of government, and express their satisfaction at it. 

In a few days I shall march down the Del Norte and visit some 
of the principal cities below, for the purpose of seeing the people 
and explaining to them personally our intentions relating to the 
Territory. On my return (wdiich will be in two or three weeks) a 
civil government shall be organized, and the officers appointed for 
it, after which I will be ready to start for Upper California, which 
T hope may be by the latter end of next month, and in "iuch case I 
shall expect to have possession of that department by the close of 
November. 

I have not heard from or of Col. Price and his command, which 
he was to raise and bring here, and have received but vague rumors 
of Capt. Allen and the Mormons. I suppose, however, they will all 
be here in a few weeks. Capt. Allen's command will accompany me 
to the Pacific, and the number of efficient men he brings will deter- 
mine the additional number I must take from here. After deciding 
upon that and upon the number which will be necessary to hold this 
territory, I shall send the surplus to Chihuahua to report to Brig. 
Gen. Wool. I inclose a copy of my communication to him of the 
22d instant. 

On the 15th instant I received yours of 2d and 3d July, the former 
inclosing a copy of a letter to Capt. Tompkins, Third Artillery, from 
the General in Chief, the latter inclosing for me a commission of 
brigadier general, which I hereby accept of, and for which I offer 



22 OCCUPATION OF MEXICAN TEREITOKY. 

to the President and Senate my aclaiowledgment and thanks for tlie 
honor they have conferred on me. 

Yery respectfully, your obedient servant, 

S. W. Kearny, 

Brigadier General. 
Brig. Gen. R. Jones, 

Adjutant General U. S. Aovny, Washi7igto72. 



No. 14. — Proclamation or Gen. Kearny of 22d August. 

PROCLAMATION TO THE INHABITANTS OF NEW MEXICO BY BRIG. GEN. S. W. 
KEARNY, COMMANDING THE TROOPS OF THE UNITED STATES IN THE 
SAME. 

As by the act of the Republic of Mexico a state of war exists 
between that Government and the United States, and as the under- 
signed, at the head of his troops, on the 18th instant took possession 
of Santa Fe, the capital of the department of New Mexico, he now 
announces his intention to hold the department, with its original 
boundaries (on both sides of the Del Norte), as a part of the United 
States, and under the name of "the Territory of New Mexico." 

The undersigned has come to New Mexico with a strong military 
force, and an equally strong one is following close in his rear. He 
has more troops than is necessary to put down any opposition that 
can possibly be brought against him, and therefore it would be out 
folly or madness for any dissatisfied or discontented persons to think 
of resisting him. 

The undersigned has instructions from his Government to respect 
the religious institutions of New Mexico, to protect the property of 
the church, to cause the worship of those belonging to it to be un- 
disturbed, and their religious rights in the amplest manner preserved 
to them; also to protect the persons and property of all quiet ni<d 
peaceable inhabitants within its boundaries against their enemies, 
the Eutaws, the Navajoes, and others; and when he assures all that it 
Avill be his pleasure as Avell as his duty to comply with those instru*^- 
tions, he calls upon them to exert themselves in preserving order, in 
promoting concord, and in maintaining the authority and efficacy 
of the laws. And he requires of those wlio have left their homes and 
taken up arms against the troops of the United States to ret'un 
forthwith to them, or else they will be considered as enemies and 
traitors, subjecting their persons to punishment and their property' (o 
seizure and confiscation for the benefit of the public treasury. 

It is the Avish and intention of the United States to ]:)rovide for 
New Mexico a free government, with the least possible delay, similai- 
to those in the United States, and the people of New Mexico vrill 
then be called on to exercise the rights of freemen in electing tl^eii" 
own representatives to the Territorial legislature. But until this 
can be done the laAvs hitherto in existence will be continued until 
changed or modified by com])etent authority, and tliose persons hold- 
ing office will continue in the same for the present, provided t!iey 
will consider themselves good citizens and are willing to take the 
oath of allegiance to the United States. 



OCCUPATION OF MEXICAN TEEEITOEY. 23 

The United States hereby absolves all persons residing within the 
boundaries of New Mexico from any further allegiance to the Repub- 
lic of Mexico, and hereby claims them as citizens of the United 
States. Those who remain quiet and peaceable will be considered 
good citizens and receive protection; those who are found in arms 
or instigating others against the United States will be considered 
as traitors and treated accordingly. 

Don Manuel Armijo, the late governor of this department, has 
fled from it; the undersigned has taken possession of it without firing 
a gun or spilling a single drop of blood, in which he most truly 
rejoices, and for the present will be considered as governor of the 
Territory. 

Given at Santa Fe, the capital of the Territory of New Mexico, this 
22d day of August, 1846, and in the seventy-first year of the inde- 
pendence of the United States. 

S. W. Kearny, 
Brigadier General^ U. S. Arnt.y. 

By the governor : 

Juan Bautista Vigil y Aland. 



No. 15. — Leti'er from Gen. Kearny to Gen. Wool. 

Headquarters Army of the West, 

Santa Fe, N. Mex., August 22, 1846. 
General: I have to inform you that on the 18th instant, with- 
out firing a gun or spilling a drop of blood, I took possession of 
this city, the capital of the department of New Mexico, and that I 
have this day issued a ^proclamation claiming the whole department, 
with its original boundaries, for the United States, and under the 
title of " theTerritory of New Mexico." 

Everything here is quiet and peaceable. The ]5eople now under- 
stand the advantages they are to derive from a change of Govern- 
ment, and are much gratified with it. 

I have more troops (Missouri Volunteers) following in my rear. 
On their arrival there will be more than necessary for this Terri- 
tory. I will send the surplus to you. Should you not want them, you 
can order them to Maj. Gen. Taylor, or to their homes, as you may 
think the good of the public service requires. 

I am destined for Upper California, and hope to start from here 
in the course of a few weeks. Success attend you. 
Very respectfully, your obedient servant, 

S. W. Kearny, 
Brigadier General, U . S. Army. 
Brig. Gen. Jno. E. Wool. 

U. S. Army, Chihuahua. 



No. 16. — Appointment by Gen, Kearny of Treasurer of Santa Fe, 

Henry L. Dodge is appointed treasurer of Santa Fe, N. Mex., 
in the place of Francisco Ortis, who, in consequence of sickness, is 
unable to perform the duties. 



24 OCCUPATION OF MEXICAN TEEEITORY. 

Mr. Ortis will turn over to his successor any public funds, books, 
or property pertaining to his office which he may have in his pos- 
session. 

S. W. Kearny. 
Brigadier General^ U. S. .irmy. 
Santa Fe, N. Mex., August 28, 1846. 



No. IT.- — Appointment by Gen. Kearny of Collector or Santa Fe. 

Tomas Kivero is appointed collector of Santa Fe, Territory of 
New Mexico, in the place of Jose Garcia, who, from deafness, is 
unable to perform the duties. 

Mr. Garcia will turn over to his successor any public funds, books, 
or property pertaining to his office which he may have in his pos- 
session. 

S. W. Kearny. 
Brigadier General, JJ S. Army. 
Santa Fe., N. Mex., August 29, 18^6. 



No. 18. — Letter of Gen. Kearny to the Adjutant General. 

Headquarters Army of the West, 

Santa Fe, N. Mex., Septemher 1, 1846. 

Sir: I avail myself of a private opportunity to Missouri to send 
to you copies of all papers, civil and military, which have passed 
from under my hands since the 24th ultimo, the date of my last 
communication to you. 

The troops composing this command are and have been since 
the day after our reaching here necessarily divided — one half the 
officers and men (excepting of the Infantry) are, with all the horses 
and mules, about 25 miles from here, where they went for gi-ass ; the 
other half are in and around this city, and a large number of them 
daily employed under the engineers in erecting fortifications to in- 
sure the safety of it. 

We leave here to-morrow, taking about 700 mounted men with 
us to visit the lower country, and to quiet the minds of the people, 
which are still a little excited by idle rumors and reports. I shall 
be absent about a fortnight, after which an express will be sent to 
Fort Leavenworth, with such information as I may obtain. 

I am now endeavoring to raise from the inhabitants of the Terri- 
tory a company of Infantry (volunteers for one year). I have ap- 
pointed a Mexican captain and an American first lieutenant of it. 
1 think much good will result from it. 

Very respectfully, your obedient servant, 

S. W. Ivearny, 
Brigadier General. 

Brig. Gen. Jones, 

Adjutant General U. S. Army, Washington. 



OCCUPATION OF MEXICAN TERKITOKY. 25 

No. 19." — Order of Gen. Kearny Abolishing the Use of Stamp 

Paper. 

From this day so much of the hiw, hitherto in force in Nbav 
Mexico, which requires that stamped paper shall be used in certain 
transactions, is abolished. 

S. W. Kearny, 
Brigadier General^ V. 8. Army. 
Santa Fe, Territory of New Mexico, 

August 29, 181^6. 



No. 20. — Order of Gen. Kearny Eegulating Licenses. 

licenses for stores, etc.— duties on wagons, etc. 

The following- sums will be collected in place of those established 
April 11, 1844: 

License for dry-goods store, per month $2.00 

License for grocery store, per month 4.00 

License for taverns, per month 5.00 

License for public billiard tables, per month 3.00 

License for monte table, chuza, or game of chance, per night 1. 50 

License for balls, where money is charged for attending 2.00 

Licenses for the above must be obtained and paid for in advnnce; 
if not, then five times the foregoing sums to be charged, and the 
individuals confined until the amount is paid. 

Wagons from the Arkansas or Chihuahua, with goods belonging to indi- 
viduals, and not public ones, each ._ . {{^4. 00 

Pleasure carriages from the above places, each .. 2.00 

Wagons or carriages belonging to individuals entering the public plaza . 25 

The above sums will be collected by the collector of Sai^ta Fe au'l 
turned over to the treasurer of the city for the benefit thereof, 
the treasurer and collector keeping a correct account of all sums 
received, and for which they Avill be held strictly responsible 

The collector of Galisteo will collect the same amount for each 
Avagon or carriage as above, both to take effect from the 2'2d instant, 
the day of New Slexico becoming a part of the United .States. 

The above to continue in force until changed by proper authority. 

S. W. Krarny, 
Brigadier General^ U »S'. Aryny. 

Santa Fe, N. Mex., August 27, 181^6. 



No. 21. — Letter of Gen. Kearny to the Adjutant General. 

Headquarters Army of the West, 
Santa Fe, N. Mex., Septemher 16, 181^6. 
Sir: Since my communication to you of the 1st instant, I have 
marched with 700 men about 100 miles down the Del Norte to the 
village of Tome. The inhabitants of the country were found to be 



26 OCCUPATION OF MEXICAN TEKRITORY. 

highly satisfied and contented with the change of government, and 
apparently vied with each other to see who could show to us the 
greatest hospitality and kindness. 

There can no longer be apprehended any organized resistuuce in 
this Territory to our troops, and the commander of them, whoever 
he may be, will hereafter have nothing to attend to but to secure the 
inhabitants from further depredations from the Navajo and Eutaw 
Indians, and for this object paragraph 3 of Orders No. 23 was this 
day issued, a cop}' of which is inclosed herewith. 

As this Territor}' is now so perfectly quiet, I have determined 
(knowing the Avishes of the Executive) to leave here for Upper 
California as soon as possible, and have fixed upon the iiSth as the 
da}^ of departure. As I am ignorant when to expect Capt. i^llen and 
his command, I have determined upon taking with me Maj. Sumner 
and the efficient men (about 300) of the First Dragoons. Orders 
will be left for Capt. Allen to follow on our trail. Frjm tlje most 
reliable information yet received as to the best route, we have deter- 
mined upon marching about 200 miles down the Del Norte, ilien to 
the Gila, down that river near to its mouth, leaving which, we cross 
the Colorado, and then, keeping near the Pacific, up to Mont'^rey. 
This route will carry us not far from and along the sout^ ern boun- 
dary of New Mexico and Upper California, and we hope to reach the 
Pacific by the end of November. No exertions will be wanting on 
the part of anyone attached to this expedition in insuring to it full 
and entire success. 

I have now respectfully to ask tliat, in the event of our getting 
possession of Upper California — of establishing a civil government 
there — -securing peace, quiet, and order among the inhabitants, and 
precluding the possibility of the Mexicans again having control 
there, I may be permitted to leave there next summer wnth the First 
Dragoons, and march them back to Fort Leavenworth, on the Mis- 
souri ; and I woidd respectfully suggest that troops to remain in 
California and Oregon should be raised expressly for the purpose — - 
say for three years — to be discharged at the expiration of that time ; 
each man, from the colonel to the private, receiving a number of 
acres of land in proportion to his rank. Regiments could easily 
be raised on such terms; and when discharged, military colonies 
would thus be established by them. 

Surgeon Decamp will be left in charge of the hospitals at this 
place, and to superintend the medical departments in this Territory. 
He is very desirous, as are the other officers of the Army now here, 
to leave next summer. The doctor wishes to return to Jefferson 
Barracks, St. Louis, or to the arsenal, and I recommend that he be 
gratified. 

A large number of troops are daily employed under the direction 
of Lieut. Gilmer, of the Engineers, in erecting a fort for the defense 
and protection of the city; and, as this is the capital of the Terri- 
tory — a new acquisition to the United States — the fort will be an 
important and a permanent one. and I have this day named it " Fort 
Marcy," and now ask for a confirmation of it. 

I have not heard or received a line from Col. Price at any time, 
and know not if he. or any part of his regiment, has even left Fort 
Leavenworth. 



OCCUPATION OF MEXICAN TEEEITOEY. 27 

I will write to you again before leaving here, and will then in- 
form you of the arrangements made relating to the civil govern- 
ment for this Territory, which has been and continues a delicate and 
difficult task. 

Very respectfully, your obedient servant, 

S. W. Kearny, 
Brigadier General^ U. S. Army. 
Brig. Gen. K. Jones, 

Adjidant Geneiml of V . S. Ar?7iy, Washington. 



No. 22. — Letter of Gen. Kearny to the Adjutant General. 

Headquarters Army of the West, 

Santa Fe, N. Mex., Septemher 22, 18Ji6. 
Sir: I inclose herewith a copy of the laws prepared for the gov- 
ernment of the Territory of New Mexico, and a list of appointments 
to civil offices in the Territory, both of which I have this da}^ signed 
and published. 

I take great pleasure in stating that I am entirely indebted for 
these laws to Col. A. W. Doniphan, of the First Regiment of Mis- 
souri Mounted Volunteers, who received much assistance from Pvt, 
Willarcl P. Hall, of his regiment. 

These laws are taken, part from the laws of Mexico — retained as 
in the original— a part Avith such modifications as our laws and 
constitution made necessary, a part are from the laws of the Mis- 
souri Territory, a part from the laws of Texas, and also of Texas and 
Coahuila, a part from the statutes of Missouri, and the remainder 
from the Livingston Code. 

The organic law is taken from the organic law of Missouri Ter- 
ritory. (See act of Congress, June 4, 1842.) 

Very respectfully, your obedient servant, 

S. AV. Kearnv, 
Bingadier General., U. S. Army. 

The Adjutant General, U. S. Army, 

AVa.shington. 

(Received at the War Department Nov. 23.) 



No. 22. — Appointment, by Gen. Kearny, of Civil Officers. 

Being duly authorized by the President of the United States of 
America, I hereby make the following appointments for the gov- 
ernment of New Mexico, a Territory of the United States. The 
officers thus appointed will be obeyed and respected accordingly : 

Charles Bent, to be governor. 

Donaisano Vigil, to be secretary of the Territory. 

Richard Dallam, to be marshal. 

Francis P. Blair, to be T^nited States district attorney. 

Charles Blumner, to be treasurer. 



28 OCCUPATION OF MEXICAN TEEKITOEY. 

Eugene Seitzendorfer, to be auditor of public accounts. 
Joab Houghton, Antonio Jose Otero, Charles Beaubian, to be 
judges of the superior court. 

Given at Santa Fe, the capital of the Territory of New Mexico, 
this 22d day of September, 1846, and in the seventy-first year of the 
independence of the United States. 

S. W. Kearny, 
Brigadier General^ U. S. Army. 



Francisco Sanacino (Pajarito) is hereby reappointed prefect of 
the district of the Southwest, in place of Francisco Armijo y Ortiz, 
this day removed. 

Miguel Romero is hereby appointed alcalde at the Placeya, in 
place of Julien Tenoira, this day removed. 

S. W. Kearny, 
Brigadier General^ U. S. A7'my. 

Santa Fe, N. Mex., September 22, 1846. 
(Received at the War Department Nov. 23.) 



No. 24. — Organic Law for the Territory of New Mexico, Com- 
piled Under the Directions or Gen. Kearny. 

(Received at the War Department Nov. 23, 1846.) 

ORGANIC law of THE TERRITORY OF NEW MEXICO. 

The Government of the United States of America ordains and 
establishes the following organic law for the Territory of New 
Mexico, which has become a Territory of the said Government: 

Article I. 

Section 1. The country heretofore known as New Mexico shall be 
known hereafter and designated as the Territory of New Mexico, 
in the United States of America, and the temporary government of 
the said Territory shall be organized and administered in the manner 
herein prescribed. 

Article II. 

EXECUTIVE POWER. 

Sec. 2. The executive power shall be vested in a governor, wlio 
shall reside in the said Territory, and shall hold his office for two 
years, unless sooner removed by the President of the United States. 

He shall be the commander in chief of the militia of the said 
Territory, except when called into the service of the United States, 
and ex officio superintendent of Indian affairs. 

He shall have power to fill all civil and military offices which shall 
be established, the apointments to which shall not be otherwise pro- 
vided for by law. 



OCCUPATIOISr OF MEXICAN TEKltlTOKY. 29 

He shall cause the laws to be distributed and faithfully executed, 
and shall be conservator of the peace throughout the Territory. 

He shall, from time to time, inform the general assembly of the 
condition of the government, and shall recomuiend all necessary 
measures, and may convene them on extraordinary occasions by 
proclamation, stating the purpose for which they are convened. 

Whenever any office shall become vacant he shall fill the same, 
imtil a successor shall be properly appointed and qualified. He shall 
have power to remit fines and forfeitures, and grant reprieves and 
pardons for all offenses against the laws of the Territory, and re- 
prieves in all cases against the laws of the United States, until the 
decision of the President thereof can be known. 

Sec. 2. There shall be a secretary of the Territory who shall hold 
his office for two years, unless sooner removed by the President of 
the United States. 

He shall, under the direction of the governor, record and pre- 
serve all the proceedings and papers of the executive, and all acts 
of the general assembly, and transmit copies of the same to the 
President every six months. 

In case of a vacancy in the office of governor, the secretary shall 
discharge the duties of governor until another be appointed and 
qualified. 

Sec. 3. There shall be a marshal, a United States district attorney, 
an auditor of public accounts, and a treasurer for the Territory, 
and a sheriff and coroner for each county, whose duty shall be 
defined by law. 

Article III. 

LEGISLATIVE POWER. 

Section 1. The legislative power shall be vested in a general as- 
sembly, which shall consist of a legislative council and a house of 
representatives. 

Sec. 2. The house of representatives shall consist of members to 
be chosen every two years by the qualified electors of the several 
counties; and the legislative council shall consist of members to be 
chosen every four years by the qualified electors of their respective 
districts. 

Sec. 3. No person shall be eligible to the house of representatives 
who shall not have attained to the age of twenty-four years, who 
shall not be a free male citizen of the Territory of New Mexico, 
and who shall not have been an inhabitant of the county he may be 
chosen to represent at least six months next preceding his election. 

Sec. 4. No person shall be eligible to the legislative council who 
shall not have attained to the age of thirty years, who shall not be 
a free male citizen of the Territory of New Mexico, and who shall 
not have been an inhabitant of the district which he may be chosen 
to represent at least six months next preceding his election, if such 
district shall be so long established; but if not, then of the district 
or districts from which the same shall have been taken. 

Sec. 5. The legislative council shall never be more than one- 
third as numerous as the house of representatives, for the election 
of whom the Territory shall be divided into convenient districts, 



30 occuPATioisr of Mexican terkitoey. 

which may be altered from lime to time, and new districts estab- 
lished, as public convenience may require. 

Sec. 6. The g-eneral assembly shall divide the Territory into a 
convenient number of counties, and shall apportion the members 
of the house of representatives among the same according to the 
free male population; but the whole number of its members shall 
never exceed twenty-one, until otherwise directed by the law of 
the United States. 

Sec. 7. Until the legislative power shall otherwise direct, the 
Territory of New Mexico shall retain the division of counties and 
districts established by the decree of the department of New Mexico, 
of June seventeenth, eighteen hundred and forty-four, and they 
shall be represented as f oIIoavs : In the house of representatives, the 
county of Santa Fe shall have three members; the county of San 
MigTiel del Bado, three; the county of Rio Arriva, three; the county 
of Valencia, five; the county of Taos, three; the county of Santa 
Anna, two; and the county of Bernalillo, tw^o. In the legislative 
council, the central district shall have three members; in the north- 
ern district, two members; and the southeastern district, two mem- 
bers; which- apportionment shall continue until otherwise directed 
by law. 

Sec. 8. All free male citizens of the Territory of New Mexico 
who then are, and for three months next preceding the election 
shall have been, residents of the county or district in which they 
shall offer to vote, shall be entitled to vote for a Delegate to the 
Congress of the United States, and for members of the general 
assembly, and for all other officers elected by the people. 

Sec. 9. The first election for a Delegate to the Congress of the 
United States, and for members of the general assembly, shall be 
on the first Monday in August, in the year of our Lord eigliteen 
hundred and forty-seven. And the governor, by procalamation, 
shall designate as many places in each county as may be necessary 
for the public convenience, at which the electors may vote. 

Sec. 10. The general assembly shall convene at the city of Santa 
Fe on the first Monday in December, in the year of our Lord eighteen 
hundred and forty-seven, and on the first Monday in December 
every two years thereafter, until otherwise provided by law ; and 
each house shall elect one of its own members as a speaker, and shall 
choose clerks and such other officers as may be necessary; and shall 
sit from day to day on its own adjournments, until 'all its business 
shall be finished. 

Sec. 11. In case of a vacancy in either house, by death or other- 
wise, the governor shall issue a writ to the county or district from 
which such member was elected, to elect another for the residue 
of the term. 

Sec. 12. No person who now is, or hereafter may be, a collector 
or holder of public money, assistant, or deputy thereof, shall be 
eligible to any office of profit or trust, until he shall have accounted 
for, and paid over, all sums for which he may be acountable; and 
no person holding any lucrative office under the United States or 
this Territory, except militia officers and justices of the peace, 
shall be eligible to either house of the general assembly. No per- 
son who shall be convicted of having, directly or indirectly, given 
or offered any bribe to procure his own election or appointment. 



OCCUPATION OF MEXICAN TERKITORY. 31 

or the election or appointment of any other person, or who shall 
be convicted of perjury or other infamous crime, shall be eligible 
to any office of honor, profit, or trust, within this Territory, or shall 
be allowed the right of suffrage. 

Sec. 13. The general assembly shall liaA^e power to make laws 
in all cases, both civil and criminal, for the good government of 
the ])eople of this Territor3% not inconsistent with, or repujinant to, 
the Constitution and laws of the United States; to establish infe- 
rior courts, and prescribe their jurisdiction and duties; and to 
create other offices in said Territory, and to fix the fees of office 
and provide for the payment of the same, except those whose pay- 
ment is provided for by the Government of the United States. 
Each house shall judge of the election, qualifications, and returns 
of its own members. A majority of each house shall constitute a 
quorum to do business, but a smaller number may adjourn from 
day to day and compel the attendance of absent members. Each 
house shall make its own rules or preceedings, punish its members 
for disorderly behavior, and two-thirds of all the members elected 
may expel a member; but no member shall be expelled twice for 
the same offense. Each house shall keep, and publish from time to 
time, a journal of its proceedings; all votes in the house shall be 
'•' viva voce," and, on the final passage of all bills shall be entered 
on the journals. 

Seo. 14. Any bill may originate in either house, and may be 
altered, amended, or rejected by the other, and shall be read on 
three diffei^ent days in each house; and, having passed both houses, 
shall be signed by their respective speakers and presented to the 
governor for his approval. If he approve the same, he shall sign 
it ; if he disapprove it, he shall return it to the house in Avhich it 
originated, within six days, Avith his objections; if he fail to return 
it within six days, or, after it shall have been returned, it again 
pass both houses, it shall be a law without the governor's approval. 

Sec. 15. The members of the general assembly shall, in all cases 
except treason, felony, and breach of the peace, be privileged 
from arrest in going to, returning from, and during their attend- 
ance on their respective houses; and, for any speech or debate in 
either house, they shall not be questioned in any other place. 

Sec 16. The sittings of each house shall be public, except when 
secrecy shall be required ; and each house may punish any person, 
not a member, for disorderly or contemptuous behavior in their 
presence while in session, by a fine not exceeding three hundred 
dollars, or imprisonment not exceeding forty-eight hours, for one 
offense. ' 

Sec 17. Each member of the general assembly shall receive three 
dollars a day for each day he may attend the house of which he is a 
member, and three dollars for every twenty-five miles he must travel 
in going from his residence to the place of meeting and returning 
from thence; and the speaker of each house shall receive fiA^e dollars 
a day for every day he may attend the house of which he is a member, 
and the same mileage with other members. The other officers of 
the general assembly shall receive such compensation as the law 
may provide. 

Sec 18. The style of all laws shall be, "5e if enacted hy the Gen- 
eral Assembly of the Territory of New Mexico. '''' 



32 OCCUPATION OP MEXICAN TEKKITOKY. 

Article IV. 

JUDICIAL POWER, 

Section 1. The judicial power shall be vested in a superior court 
and inferior tribunals to be established by law. 

Sec 2. The superior court shall consist of three judges, to be 
appointed by the President of the United States. One of them 
shall be the presiding judge, and the others associate judges. The 
judges shall be conservators of the peace throughout the Territory, 
and shall hold courts at such times and places, and perform such 
duties, as shall be prescribed by law. 

Sec. 3. The superior court shall have a general superintending 
control over all inferior courts and tribunals of justice, and shall 
have power to issue original writs to compel inferior courts, and 
their officers, to perform their duties according to law, whenever 
they may fail or refuse so to do. 

Sec. 4. Every court and tribunal of justice shall appoint its own 
clerk, who shall hold his office during the continuance of the tem- 
porary government, unless sooner removed by his respective court. 

Sec. 5. All officers, both civil and military, shall, before enter- 
ing on the duties of their office, take an oath to support the Con- 
stitution of the United States, and to faithfully demean themselves 
in office. 

Article V. 

MISCELLANEOUS. 

Section 1. Members of the general assembly; the governor, whose 
salary shall be two thousand dollars a year; the secretary of the 
Territory, whose salary shall be one thousand two hundred dollars 
a year; the judges of the superior court, whose salaries shall be 
one thousand five hundred dollars a year each; the marshal of the 
Territory, whose salary shall be five hundred dollars a 3'ear; the 
United States district attorney, whose salary shall be five hundred 
dolars a year, shall be paid out of the Treasury of the United States. 
The auditor and treasurer shall each receive a salary of five hundred 
dollars a year, one-half of which shall be paid out of the Treasury 
of the United States and the remainder out of the Territorial 
treasury. 

Sec. 2. The governor, secretary of the Territory, marshal, and 
United States district attorney shall be appointed by the President 
of the United States. The auditor and treasurer shall be elected 
every two years by joint vote of the general assembly, and shall 
hold their respective offices for two years, and until their successors 
are duly elected and qualified. 

Sec. 3. All offices in this Territory are hereby declared vacant, 
except such as have been filed by the apointments of Brigadier 
General Kearny; and all offices created by this law shall be filled 
by appointment of Brigadier General Kearny or his successor, until 
the government is fully organized in accordance with the provisions 
of this law. 

Sec. 4. Schools and the means of education shall be forever en- 
couraged in this Territory. One or more schools shall be established 



OCCUPATIOlSr OF MEXICAN TERKITORY. 33 

in each village as soon as practicable, where the poor shall be 
educated free of all charges. 

BILL or RIGHTS. 

That the great and essential principles of liberty and free govern- 
ment may be recognized and established, it is hereby declared — 

First, that all political power is vested in and belongs to the 
people. 

Second. That the people have the right peaceabl}?^ to assemble for 
their common good, and to apply to those in power for redress of 
grievances, by petition or remonstrance. 

Third. That all men have a natural and indefeasible right to wor- 
ship Almighty God according to the dictates of their consciences; 
that no person can ever be hurt, molested, or restrained in his re- 
ligious professions, if he do not disturb others in their religious 
worship, and that all Christian churches shall be protected and none 
opi^ressecl, and that no person on account of his religious opinions 
shall be rendered ineligible to any office of honor, trust, or profit. 

Fourth. That the courts of justice shall be open to every person; 
just remedj^ given for every injury to person and property; that 
right and justice shall be administered without sale, denial, or delay, 
and that no private propert}^ shall be taken for public use without 
just compensation. 

Fifth. That the right of trial by jury shall remain inviolate. 

Sixth. That in all criminal cases the accused has the right to be 
heard by himself and counsel, to demand the nature and cause of 
the accusation, to have compulsory process for witnesses in his 
favor, to meet the witnesses against him face to face, and to have 
a speedy trial by a jury of his country. 

Seventh. The accused can not be compelled to give evidence 
against himself, or be deprived of life, liberty, or property, but by a 
verdict of a jury and the laws of the land. 

Eighth. No person, after having been once acquitted by a jury, 
can be tried a second time for the same offense. 

Ninth. That all persons shall be bailed by sufficient sureties, ex- 
cept in capital offenses, where the proof of guilt is evident; and the 
privileges of the writ of habeas corpus can not be suspended except 
the public safety shall require it, in the case of a rebellion or invasion. 

Tenth. Excessive bail shall not be required, excessive fines imposed 
nor cruel and unusual punishments inflicted. 

Eleventh. That the people shall be secure in their persons, papers, 
houses, and effects, from unreasonable searches and seizures; and 
that no writ shall issue for search or seizure without a probable case 
of guilt is made out under oath. 

Twelfth. That the free communication of thoughts and opinions is 
one of the invaluable rights of freemen, and that every person may 
freely speak, write, and print on any subject, being responsible for 
every abuse of that liberty. 

Thirteenth. That no vicar, priest, preacher of the Gospel, nor 
teacher, of any religious denomination shall ever be compelled to 
bear arms, or to serve on juries, work on roads, or perform military 
duty. 

S. Doc. 896, 62-2 3 



34 OCCUPATION OF MEXICAN" TEEEITOEY. 

Done at the government house in the city of Santa Fe, in the 
Territory of New Mexico, by Brigadier General Stephen W. Kearny, 
by virtue of the power and authority conferred on him by tlie Gov- 
ernment of the United States, this twenty-second September, eighteen 
hundred and forty-six. 

S. W. Kearny, 
Brigadier General^ U. S. Army. 



Laws for the Government of the Territory of New Mexico. 

administration. 

Section 1. The laws heretofore in force concerning descents, dis- 
tributions, wills, and testaments, as contained in the treatise on 
these subjects written by Pedro Murillo de Larde, shall remain in 
force, so far as they are in conformity with the Constitution and laws 
of the United States and the statute laws in force for the time being. 

Sec 2. The prefects shall grant letters testamentary and of admin- 
istration. 

Sec 3. Letters testamentary and of administration shall be granted 
in the county in which the mansion house or place of abode of the 
deceased is situated. If he had no mansion house or place of abode 
at the time of his death, and be possessed of lands, letters shall 
be granted in the county in which the lands, or a part thereof, lie. 
If the deceased had no mansion house or place of abode, and was 
not possessed of land, letters may be granted in the county in which 
he died, or the greater part of his estate may be. If he died out 
of the Territory, having no mansion house or place of abode, or 
lands, within this Territory, letters may be granted in any country 
in which any of the personal estate of the decased may be. 

Sec 4. All orders, settlements, trials, and proceedings, touching 
the administration of estates, shall be had or made in the county in 
which the letters testamentary or of administration were granted. 

Sec 5. Letters of administration shall be granted, first, to the 
husband or wife surviving; second, if tiiere be no husband or wife 
surviving, to those who are entitled to the distribution of the estate, 
or one or more of them, as the prefect shall believe will best manage 
the estate. 

Sec 6. If no person apply for such letters within thirty days 
after the death of the deceased, any creditor shall be allowed to 
take out such letters; and in defect of these, the prefect may select 
as administrator such discreet person as he may choose. 

Sec T. After probate of any will, letters testamentary shall be 
granted to the person or persons therein appointed executor or 
executors. If a part of the persons thus appointed refuse to act, or 
be disqualified, the letters shall be granted to the other persons therein 
appointed. If all such persons refuse to act, or be disqualified, 
letters of administration shall be granted to the person to whom 
administration would have been granted if there had been no will. 
When there are two or more persons named executors in a will, 
none shall have power to act as such except those who give bond. 



OCCUPATION OF MEXICAN TERRITOEY. 35 

Sec. 8. If the validity of a will be contested, or the executor be 
a minor, or absent from the Territory, letters of administration 
shall be oranted during the time such contest, minorit}^, or absence, 
to some other person, who shall take charge of the property, and 
administer the same according to law, under the direction of the 
prefect, and account for and pay and deliver all the money and 
property of the estate to the executor or regular administrator, when 
qualified to act. 

Sec. 9. Every applicant for letters of administration, at the time 
of the application, shall make an affidavit, stating, to the best of his 
knowledge and belief, the names and places of residence of the 
heirs of the deceased; that the deceased died without a will, and 
that he will make a perfect inventor}^, and faithfully administer all 
the estate of the deceased, and account for and pay all assets which 
shall come to his possession or knowledge. 

Sec. 10. A similar affidavit, with variations, as the case may re- 
quire, shall be made by administrators of the goods remaining un- 
administered, and by administrators during the time of a contest 
about a will, or the minority or absence of the executor. 

Sec. 11. Every administrator, with the will annexed, and execu- 
tor, at the time letters are granted to him, shall make an affidavit 
that he will make a perfect inventory of the estate, and faithfully 
execute the last will of the testator, and render just accounts, and 
faithfully perform all things required by law touching such execu- 
torship or administration. The prefect shall take a bond of the per- 
son to whom letters testamentary or of administration are granted, 
with two or more sufficient securities, resident in the county, to the 
Territory of New Mexico, in such sum as the prefect shall deem 
sufficient, not less than double the estimated value of the estate, 
conditioned for the faithful performance of his duties as executor 
or administrator, and no person shall act as executor or adminis- 
trator until he shall have given such bond. If any prefect shall 
refuse or neglect to take such bond at the time of granting such 
letters, he shall himself be liable for all the damages resulting from 
such neglect or refusal, at the suit of any person injured. 

Sec. 12. All letters testamentary and of administration, and all 
bonds and affidavits of executors and administrators, shall be re- 
corded by the cleric of the prefect, in a well-bound book, kept for 
that purpose, before such letters are delivered to the executor or 
administrator; and the clerk shall certify on the letters that they 
have been recorded; and if any prefect shall deliver, without com- 
plying with the foregoing requisitions, any such letters, he shall 
forfeit to the party injured double the damages occasioned by such 
default. 

Sec. 13. Every executor and administrator shall exhibit a state- 
ment of the accounts of his administration for settlement, with 
proper vouchers, to the court of the prefect, at the first term after 
the end of one year from the date of his letters, and at the corre- 
sponding term of such court every year thereafter, until the admin- 
istration be completed; and upon every failure so to do, may be 
fined not more than one hundred dollars, for the use of the county, 
and shall forfeit to the party injured double the damage sustained 
by such default. 



36 OCCUPATION OF MEXICAN TEKRITORY. 

ATTACHMENTS. 

Section 1. Creditors, whose demands amount to fifty dollars or 
more, may sue their debtors in the circuit court by attachment, in 
the following cases : 

First. When the debtor is not a resident of, nor resides in this 
Territory. 

Second. When the debtor has concealed himself, or absconded, 
or absented himself from his usual place of abode in this Territory, 
so that the ordinary process of law can not be served upon him. 

Third. When the debtor is about to remove his property or effects 
out of this Territory, or has fraudulently conveyed or assigned his 
property or effects, or has fraudulently concealed or disposed of his 
property or effects, so as to defraud, hinder, or delay his creditors. 

Fourth. When the debtor is about fraudulently to convey or as- 
sign, conceal, or dispose of his property or effects, so as to hinder, 
delay, or defraud his creditors. 

Fifth. When the debt was contracted out of this Territory, and 
the debtor has absconded, or secretly removed his property or effects 
into this Territory, with the intent to hinder, delay, or defraud his 
creditors. 

Sec. 2. A creditor wishing to sue his debtor by attachment, may 
file in the clerk's office of the circuit court of any county in this 
Territory a petition or other lawful statement of his cause of action ; 
and shall also file an affidavit and bond; and thereupon such 
creditor may sue out an original attachment against the lands, tene- 
ments, goods, moneys, effects, and credits of the debtor, in whoseso- 
ever hands they may be. 

Sec 3. The affidavit shall be made by the plaintiff or some per- 
son for him, and shall state that the defendant is justly indebted to 
the plaintiff, after allowing all just credits and offsets, in a sum to 
be specified in the affidavit, and on what account; and shall also 
state the affiant has good reason to believe, and does believe, the 
existence of one or more of the causes which, according to the pro- 
visions of the first section, will entitle the plaintiff to sue by 
attachment. 

Sec. 4. The bond shall be executed by the plaintiff, or some re- 
sponsible person as principal, and two or more securities, residents 
of the county in which the action is to be brought, in a sum at 
least double the amount sworn to, payable to this Territory, con- 
ditioned that the plaintiff shall prosecute his action without delay, 
and with effect, and refund all sums of money that may be adjudged 
to be refunded, to the defendant, and pay all damages that may 
accrue to any defendant, or garnishee, by reason of the attachment, 
or any process or judgment thereon. 

Sec. 5. The clerk shall judge of the sufficiency of the penalty, 
and the security in the bond; if they be approved, he shall indorse 
his approval thereon, and the same, together with the affidavit and 
petition, or other lawful statement of the cause of action, shall be 
filed before an attachment shall be issued. 

Sec. C. The bond given by the plaintiff, or other person, in a 
suit by attachment, may be sued on by any party injured, in the 
name of the Territor}^; and he shall proceed as in ordinary suits, 
and shall recover such damages as he may have sustained. 



OCCUPATION" OF MEXICAN TERRITORY. 37 

Sec. 7. Original writs of attachment shall be directed to the 
sheriff of the proper county, commanding him to attach the de- 
fendant by all and singular his lands and tenements, goods, moneys, 
effects, and credits, in whosoever hands the same may be found, 
with a clause of the nature and to the effect of an ordinary citation, 
to answer the action of the plaintiff. 

Sec. 8. Original writs of attachment shall be issued and returned 
in like time and manner as ordinary writs of citation ; and when 
the defendant is cited to answer the action, the like proceedings 
shall be had between him and the plaintiff as in ordinary actions or 
contracts, and a general judgment may be rendered for or against 
the defendant. 

Sec. 9. The manner of serving writs of attachment shall be as 
follows : 

First. The writ and petition, or other lawful statement of the 
cause of action, shall be served on the defendant as an ordinary 
citation. 

Second. Garnishees shall be summoned by the sheriff, declaring 
to them that he summons them to appear at the return term of the 
writ to answer the interrogatories which may be exhibited by the 
plaintiff, and by reading the writ to them if required. 

Third. AVlien lands or tenements are to be attached, the officer shall 
briefly describe the same in his return, and state that he attached all 
the right, title, and interest of the defendant to the same ; and shall 
moreover give notice to the actual tenants, if any there be. 

Fourth. When goods and chattels, moneys, effects, or evidences 
of debt are to be attached, the officer shall seize the same and keep 
them in his custordy, if accessible; and, if not accessible, he shall 
summon the person in whose hands they may be, as garnishee. 

Fifth. When the credits of the defendant are to be attached, the 
officer shall declare to the debtor of the defendant that he attaches 
in his hands all debts due from him to the defendant, or so much 
thereof as shall be sufficient to satisfy the debt, interest, and costs, 
and summon such person as garnishee. 

Sec. 10. All persons shall be summoned as garnishee who are 
named as such in the writ; and such others as the officer shall find 
in the possession of goods, money, or effects of the defendant not 
actually sized by the officer and debtors of the defendant, and also 
such as the plaintiff or his agent shall direct. 

Sec. 11. When the defendant can not be cited, and his property 
or effects shall be attached, if he do not appear and answer to the 
action at the return term of the writ, within the first two days 
thereof, the court shall order a publication to be made, stating the 
nature and amount of the plaintiff's demand, and notifying the de- 
fendant that his property has been attached, and that, unless he 
appear at the next term, judgment will be rendered against him, 
and his property sold to satisfy the same; which notice shall be 
published four weeks successively in some newspaper printed in 
this Territory, the last insertion to be not less than two weeks be- 
fore the first day of the next term; but if there should be no news- 
paper printed in this Territory, said notice shall be published by 
not less than six handbills put up at six different public places in 
the county at least six weeks beforii the first day of the next term. 



38 OCCUPATIOIs' OF MEXICAN TERRITOEY. 

Sec. 12. When the defendant shall be notified by publication as 
aforesaid, and shall not appear and answer the action, judgment by 
default may be entered, which may be proceeded on to final judg- 
ment, as in ordinary actions, but such judgment shall only bind 
the property attached, and shall be no evidence of indebtedness 
against the defendant in any subsequent suit. 

Sec. 13. When property of the defendant, found in his posses- 
sion or in the hands of any other person, shall be attached, the de- 
fendant or such other person may retain possession thereof, by giv- 
ing bond and security, to the satisfaction of the officer executing 
the writ, to the officer or his successor, in double the value of the 
property attached, conditioned that the same shall be forthcoming 
when and where the court shall direct, and shall abide the judg- 
ment of the court. 

Sec. 14. The officer executing the writ of attachment shall re- 
turn with the writ all bonds taken by him in virtue thereof, a sched- 
ule of all property and effects attached, and the names of all the 
garnishees, the times and places when and where respectively sum- 
moned. 

Sec. 15. If the officer willfully fail to return a good and sufficient 
bond in any case where bond is required by this law, he shall be 
held and considered as security for the performance of all acts and 
the payment of all money to secure the performance of which such 
bond ought to have been taken. 

Sec. 16. In all cases where property or effects shall be attached, 
the defendant may, at the court to which the writ is returnable, put 
in his answer without oath, denying the truth of any material fact 
contained in the affidavit, to which the plaintiff may reply. A trial 
of the truth of the affidavit shall be had at the same term, and on 
such trial the plaintiff shall be held to prove the existence of the 
facts set forth in the affidavit as the ground of the attachment; and 
if the issue be found for him, the cause shall proceed; but if it be 
found for the defendant, the cause shall be dismissed, at the cost of 
the plaintiff. 

Sec. 17. The plaintiff may exhibit in the cause written allega- 
tions and interrogatories at the return term of the writ, and not 
afterwards, touching the property, effects, and credits attached in the 
hands of any garnishee. The garnishee shall exhibit and file his 
answer thereto, on oath, during such term, unless the court, for 
good cause shown, shall order otiierwise. In default of such answer, 
or of a sufficient answer, the plaintiff may take judgment by default 
against him, or the court may, upon motion, compel him to answer 
by attachment of his body. 

Sec. 18. Such judgment by default may be proceeded on to final 
judgment, in like manner as in case of defendants in actions upon 
contracts; but no final judgment shall be rendered against the gar- 
nishee till there shall be a final judgment against the defendant. 

Sec. 19. Plaintiff may deny the answer of the garnishee in whole 
or in part, and the issue shall be tried as ordinary issues between 
plaintiffs and defendants. If, on such trial, the property or effects 
of the defendant be found in the hands of tlie garnishee, the value 
thereof may be assessed, and judgment shall be for the proper 
amount of money. If the answer of the garnishee be not excepted to 



OCCUPATION OF MEXICAN TEEEITOEY. 39 

or denied at the same term at which it is filed, it shall be taken as 
true and sufficient. 

Sec. 20. If by the answer not excepted to, nor denied, it shall 
appear that the garnishee is possessed of property or effects of the 
defendant, or is indebted to the defendant, the value of the property 
or the effects, or of the debt being ascertained, judgment may be 
rendered against the garnishee. 

Sec. 21. In all cases of controversy between the plaintiff and 
garnishee, the parties may be adjudged to pay or recover costs as 
in ordinar}^ cases between plaintiff and defendant. 

Sec. 22. Creditors whose demands are for a less amount than fifty 
dollars may sue their debtors by attachment before an alcalde in the 
same cases, and in the same manner, and under the same rules as 
creditors are alowed to sue out writs of attachments in the circuit 
court, provided that publication, when required, msLj be by six hand- 
bills put up at different public places three weeks before the return 
day of the writ. 

ATTORNEY GENERAL AND CIRCUIT ATTORNEYS. 

Section 1. There shall be an attorney general appointed by the 
governor, who shall reside and keep his office at the seat < f govern- 
ment; he shall act as circuit attorney for the circuit in which the 
seat of government is, and in said circuit shall perform the duties 
required by law of circuit attornej^s, and receive the same fees 
therefor. 

Sec. 2. When required, he shall give his opinion in writing to 
the general assembly, or either house, to the governor, secretary 
of the Territory, auditor, treasurer, and any circuit attorney, upon 
any question of law relating to their respective duties or offices. 

Sec. 3. The governor shall appoint a suitable circuit attornej^ in 
every circuit in this Territory, who shall hold his office for two 
years, and until his successor be appointed and qualified : he shall 
reside in his circuit; he shall commence and prosecute all civil and 
criminal actions in which the Territory or any county in his circuit 
may be concerned, and defend all suits which may be brought against 
the Territory, or any county in his circuit ; he shall prosecute for- 
feited recognizances and actions for the recovery of debts, fines, 
penalties, and forfeitures accruing to the Territory or any county in 
his circuit. 

Sec. 4. If the attorney general or circuit attorney be interested, or 
shall have been counsel in any cause, or shall be absent at the trial 
of any cause, the circuit court may appoint some other person to 
prosecute or defend the cause. 

Sec. 5. If the attorney general or circuit attorney be sick, or 
absent, the circuit court shall appoint some person to discharge the 
duties of the office, until the proper officer resumes the discharge of 
his duties; the person thus appointed shall possess the same power 
and receive the same fees as the proper officer would if he were 
present. 

Sec. 6. The circuit attorney shall give his opinion without fee to 
any alcalde or prefect in his circuit, if required, on any question 
of law in any case in which the Territory or any county in his circuit 
is concerned, pending before such officer. 



40 OCCUPATION OF MEXICAN TERRITORY. 

Sec. 7. In addition to the fees of office the attorney general shall 
receive a salary of five hundred dollars a year, and each circuit 
attorney shall receive an annual salary of two hundred and fifty 
dollars, one half to be paid out of the Treasury of the United States 
and the other half to be paid out of the treasury of the Territory. 

CLERKS. 

Section 1. Every prefect shall appoint a clerk, who shall hold his 
office for two years, and until his successor is appointed and qualified. 

Sec. 2. The clerk of the circuit court of the county in which the 
superior court may sit shall be ex officio clerk of the superior court. 

Sec. 3. The clerks of the superior and inferior courts, and of the 
prefect, shall seasonably record the judgments, rules, orders, and 
other proceedings of their respective courts, and make a complete 
alphabetical index thereto, issue and attest all process issuing from 
their respective offices, and affix the seal of office thereto; they shall 
preserve the seal and other property belonging to their respective 
offices; they shall provide suitable books, stationery, and furniture 
for their respective offices, and keep a correct account thereof. 

Sec, 4. Each court shall audit and allow such accounts, and all 
such allowances made to the clerk of the superior court shall be 
paid by the United States, and all others by their respective counties. 

Sec. 5. The said clerks, previous to entering on the duties of their 
respective offices, shall give bond, with security, to the Territory, to 
be approved by the judge making the appointment, conditioned to 
do and perform all the duties required by law. 

Sec. 6. If any clerk shall willfully and knowingly do any act con- 
trary to the duties of his office, or shall knowingly and willfully fail 
to perform any duty required of him by law, he shall be removed 
from his office by the court of which he is clerk, on motion founded 
on charges exhibited. 

Sec. 7. A notice of such motion and copy of the charges shall be 
served on him at least ten da3'S before the day on which the motion 
is made. A jury shall be summoned to try the truth of the charges, 
if they are denied, or the whole may be submitted to the court at 
the option of the accused. 

constables. 

Section 1. Every prefect shall appoint not more than four consta- 
bles in his county, who shall hold their offices for not more than two 
years. 

Sec. 2. Every constable, within ten days after his appointment, 
shall appear before the prefect and enter into bond to the Territory 
with good securities, for not less than four hundred nor more than 
four thousand dollars, conditioned that he will execute all process 
to him directed and delivered, and pay over all money by him col- 
lected by virtue of his office, and discharge all the duties of constable 
according to law ; which bond shall be approved by the prefect and 
filed in the office of his clerk. 

Sec. 3. Whenever the prefect shall be satisfied that the bond of 
any constable is likely to prove insufficient, by reason of the death 
or failure of the sureties to his bond, or any of them, he shall require 



OCCUPATION OF MEXICAN TERKITOKY. 41 

such constable to give a new bond; and, in default thereof, shall 
remove him from office. 

Sec. 4. If any constable shall detain any money collected by him 
as constable after demand made therefor, he shall be removed from 
his office by the prefect in the same manner as is prescribed for the 
removal of clerks; and shall, moreover, forfeit to the party entitled 
thereto two per centum a month upon the amount so detained from 
the time of demand made until actual payment. 

COURTS AND JUDICIAL POWERS. 

Section 1. The judges of the superior court shall be ex officio judges 
of the respective circuit courts; and they shall determine, by vote 
or otherwise, who shall be presiding or chief justice, and who shall 
be first and who second associate justice. 

Sec. 2. This Territory shall be divided into three judicial circuits, 
which shall correspond with the three municipal districts as estab- 
lished in the organic law, to wit, the central, the northern, and the 
southeastern. 

Sec. 3. The presiding judge shall be judge of the central circuit; 
the first associate judge shall be judge of the southeastern circuit; 
and the second associate judge shall be judge of the northern circuit. 
Each judge shall hold three courts a year in each county of his 
circuit; and the three judges, as a superior court, shall hold two 
courts in each circuit every year. 

Sec. 4. The superior court shall be held in the southeastern district, 
at the town of Valencia, on the first Mondays of March and Sep- 
tember of every year; in the central district, at the city of Santa Fe, 
on the third Mondays of March and September of every year; and 
in the northern district, at the town of Don Fernando, on the first 
Mondays of April and October of every year. 

Sec. 5. In the southeastern circuit, at the following times and 
places, the circuit court shall be held, to wit: For the county of 
Valencia, on the third Mondays of February, June, and October of 
each year, at the town of Valencia ; and for the county of Bernalillo, 
on the fourth ]\Iondays of February, June, and October of each year, 
at the town of Bernalillo. 

Sec. 6. The circuit court for the central circuit shall be held at 
the following times and places, to wit : For the county of Santa 
Anna, on the first Mondays of February and June, and the third 
Monday of October of each year at the town of Algadonco; for the 
county of Santa Fe, on the second Mondays of February and June 
and the fourth Monday in October in each year, at the city of 
Santa Fe; for the county of San Miguel del Bado, on the third 
Mondays in February and June and first Monday in November of 
each year, at the town of San Miguel. 

Sec. T. The circuit court for the northern circuit shall be held at 
the times and places following, to wit : For the county of Rio Arriva, 
on the first Mondays of February and June and the third Monday 
in October of each year, at the town of Los Luceros; and for the 
county of Taos, on the second Mondays of February and June and 
the fourth Monday of October of each year, in the town of Don 
Fernando. 



42 OCCUPATTON OF MEXICAN TEEKITOEY. 

Sec. 8, The superior court shall have appellate jurisdiction in all 
cases, both civil and criminal, which may be determined in circuit 
courts. 

Sec. 9. Every person aggrieved by any judgment or decision of any 
circuit court, in any civil case, may make his appeal to the superior 
court. 

Sec. 10. No such appeal shall be allowed unless, first, the appeal 
be taken at the same term at which the judgment or decision ap- 
pealed from was rendered; and, second, unless the appellant or his 
agent shall, during the same term, file in the court his affidavit 
stating that such appeal is not taken for the purpose of vexation or 
delay, but because the affiant believes that the appellant is aggrieved 
by the judgment or decision of the court. 

Sec. 11. Upon the appeal being made, the circuit court shall make 
an order allowing the same. Such allowance shall stay the execution 
in the following cases and in no others: First, when the appellant 
shall be executor or administrator and the action by or against him 
as such ; and, second, when the appellant, or some responsible person 
for him, together with two sufficient sureties, to be approved by the 
court during some term at which the judgment or decision appealed 
from was rendered, shall enter into a recognizance to the adverse 
party in a sum sufficient to secure the debt, damages, and cost cov- 
ered by such judgment or decision, together with the interest that 
may grow thereon, and the costs and damages which may be recov- 
ered in the superior court, conditioned that the appellant shall 
prosecute his appeal with due diligence to a decision in the superior 
court ; and that, if the judgment or decision appealed from be 
affirmed, or the appeal be dismissed, he will perform the judgment 
of the circuit court ; and that he will also pay the costs and dam- 
ages that may be adjudged against him upon his appeal. 

Sec. 12. No exception shall be taken in an appeal to any proceed- 
ing in the circuit court, except such as shall have been expressly 
decided by that court. 

Sec. 13. All appeals taken thirty days before the first day of the 
next term of the superior court shall be tried at that term, and ap- 
peals taken less than thirty days before the first day of such next 
term shall be returnable to the next term thereafter. The appellant 
shall file, in the office of the clerk of the superior court, at least ten 
days before the first day of the term of such court to which the 
appeal is returnable, a perfect transcript of the record and proceed- 
ings in tlie case. If he fail so to do the api^ellee may produce in 
court such transcript; and if it appear thereby that an appeal has 
been allowed in the case, the court shall affirm the judgment, unless 
good cause to the contrary be shown. On appeals and writs of error 
the appellant and plaintiff in error shall assign errors on or before 
the first day of the term to which the cause is returnable ; in default 
of such assignment of errors the appeal or writ of error may be 
dismissed and the judgment affirmed, unless good cause for such 
failure be shown, joinders in error shall be filed within four days 
after the time required for the filing of the assignment of error. 

Sec. 14. The superior court, in appeals or writs of error, shall ex- 
amine the record, and on the facts therein contained alone shall 
award a new trial, reverse or affirm the judgment of the circuit court, 
or give such other judgment as to them shall seem agreeable to law. 



OCCUPATION OF MEXICAN TEEKITOEY. 4& 

Sec. 15, And upon the affirmance of any judgment or decision, the 
superior court may award to the appellee or defendant in error such 
damages, not exceeding ten per centum on the amount of the judg 
ment complained of, as may be just. 

Sec. 16. When the superior court shall be equally divided in opinion 
the judgment or decision of the circuit court shall be affirmed. 

Sec. 17. The superior court, on the determination of the case in 
appeal or error, may award execution to carry the same into effect, 
or may remit the accord, with their decision, to the circuit court 
from which the cause came, and such determination shall be carried 
into execution by such circuit court. 

Sec. 18. The circuit courts in the several counties in which they 
may be held shall have power and jurisdiction as follows: 

First. Of all criminal cases that shall not otherwise be provided 
for by law. 

Second. Exclusive original jurisdiction in all civil cases which 
shall not be cognizable before the prefects and alcaldes. 

Third. Appellate jurisdiction from the judgments and orders of 
the prefects and alcaldes in all cases not prohibited by law, and shall 
possess a superintending control over them. 

Sec. 19. There shall be a prefect in each county in this Territory, 
appointed by the governor, who shall hold his office for two years, 
and until his successor be appointed and qualified. 

Sec. 20. Six terms of the prefects' courts shall be held in each 
county annually, commencing on the first Mondays of January, 
March, May, July, September, and November. Each prefect may 
hold adjourned terms of his court at any time that business may 
require it. 

Sec. 21. The several prefects shall have exclusive original juris- 
diction in all cases relative to the probate of last wills and testa- 
ments ; the granting letters testamentary and of administration and 
the repealing the same ; the appointing and displacing guardians of 
orphans and of persons of unsound mind ; to binding out apprentices; 
to settlement and allowance of accounts of executors, administrators, 
and guardians; to hear and determine all controversies respecting 
wills, the right of executorship and administration of guardianship, 
respecting the duties or accounts of executors, administrators, and 
guardians, and all controversies between masters and those bound to 
them; to hear and determine all suits and proceedings instituted 
against executors or administrators, upon any demand against the 
estate of their testator or intestate: Promded^ That when such de- 
mand shall exceed one hundred dollars the claimant may sue either 
before the i^refect or in the circuit court of the first place. The 
prefect shall have the superintendence of public roads in his county; 
may appoint overseers and allot them hands for the purpose of 
establishing and repairing the same. He shall have the supervision 
of vagrants and those who have no visible means of support, and 
may have them arrested and tried by a jury, and, in case of convic- 
tion, put to hard labor by binding them out or placing them on 
public works for not more than three months; he shall have appellate 
jurisdiction from the judgment of the alcaldes, when the amount in 
controversy or the value of the thing claimed does not exceed fifty 
dollars. Appeals shall be allowed from all judgments of the prefect 



44 OCCUPATION OF MEXICAN TEKEITORY. 

t)f the circuit court: Provided, That all judgments in cases of appeals 
from the deci^on of the alcaldes shall be final and conclusive. 

Sec. 22. Appeals from the judgment of the prefects shall be al- 
lowed to the circuit court in the same manner and subject to the 
same restrictions as in cases of appeals from the circuit to the superior 
court. 

Sec. 23. The governor shall appoint not more than five alcaldes in 
each county, who shall hold their offices for two years. 

Sec. 24. Every alcalde shall have jurisdiction over the following 
actions : 

First. All actions founded upon bonds or other contracts when 
balance due as damages claimed, exclusive of interest, shall not ex- 
ceed ninety dollars. 

Second. All actions of trespass and of trespass on the case for in- 
juries to persons, or real or personal property, when the damages 
claimed shall not exceed fifty dollars. 

Third. To take and enter judgment on confession, when the 
amount confessed shall not exceed one hundred dollars; but no 
alcalde shall have jurisdiction of any action against an executor or 
administrator, or of any action of slander, malicious prosecution, 
or false imprisonment, nor of any action in which the title to lands 
or tenements shall come in question. 

Sec. 25. Every alcalde shall appoint a day in every month to return 
all summons by him issued, and every summons shall be made re- 
turnable on such day, except in cases where it is otherwise specially 
provided. 

Sec. 20. In all cases not otherwise specially provided for, the proc- 
ess shall be a summons, and shall be directed to some constable of 
the county in which the alcalde who granted the same resides, except 
where it is specially otherwise provided; and it shall command the 
defendant to appear before the alcalde who issued the same, at the 
time and place to be named in the summons, not less than five nor 
more than thirty days from the date of the summons, to answer to 
the complaint of the plaintitf. All process issued by alcaldes shall 
run in the name of the Territory of New Mexico, and be dated on 
the day it issued, and shall be signed by the alcalde granting the 
same. 

Sec. 27. Every summons shall be served at least three days before 
the day of the appearance therein mentioned, and may be executed 
either — 

P^'irst. By reading the same to the defendant ; or, 

Second. By giving a copy thereof to the defendant; or. 

Third. By leaving a copy of the summons at his usual place of 
abode, with some member of the family over the age of fifteen years; 
but in all cases where the defendant shall refuse to hear the summons 
read, or to receive a copy thereof, such refusal shall be a sufficient 
service of such writ. 

Sec. 28. When both parties first appear before the alcalde on the 
return of the process, the alcalde shall, upon the application of the 
defendant, require of the plaintiff a brief verbal statement of the 
nature of his demand. 

Sec. 29. The alcalde shall issue subpoenas in all cases for witnesses 
at the request of either party, which shall be served by the constable 
in like manner as a summons. 



OCCUPATIOlSr OF MEXICAN TEEEITOKY. 45 

Sec. 30. Every suit shall be determined at the return of the process 
duW served, unless the cause be adjourned. The alcalde, without the 
application or consent of either party, may, if it be necessary, adjourn 
a cause to his next law day. 

Sec. 31. The alcalde, upon the application of either party, for good 
cause shown by the party applying, under oath, may adjourn a 
cause until his next law day. 

Sec. 32. When both parties appear before the alcalde in person, 
or by agent, at the time appointed for tlie trial of the cause, the 
alcalde shall proceed to hear and determine the same according to 
equity and good conscience. 

Sec. 33. Either party to any cause pending before an alcalde may, 
before the commencement of the investigation of its merits, demand 
that the same be tried by a jury, which jury shall consist of six 
persons. 

Sec. 34. The alcalde shall issue a summons to some constable of the 
county wherein the cause is to be tried, commanding him to summon 
six good, lawful men of the county, qualified to serve as jurors, to 
appear before such alcalde at the time and place to be named there- 
in, to make a jury, for the trial of the action between the parties 
named therein. 

Sec. 35. The constable shall execute such summons fairly and im- 
partiall}^, in the manner prescribed for executing a summons on the 
defendant; and if a sufficient number of competent jurors can not 
be obtained from those returned, the constable shall immediately 
summon others to serve in their places. 

Sec. 36. The alcalde shall administer an oath to each juror well 
and truly to try the matter in dilference between the plaintiff and 
defendant, and, unless discharged by the alcalde, a true verdict to 
give according to the evidence. 

Sec. 37. After the jury are sworn they shall sit together and hear 
the testimony of the witnesses, which shall be delivered publicly in 
their presence. 

Sec. 38. Every person offered as a witness, before any testimony 
shall be given by him, shall be duly sworn that the evidence he shall 
give relating to the matter in dispute between the plaintiff and 
defendant shall be the truth, the whole truth, and nothing but the 
truth. 

Sec. 39. When the jurors have agreed on their verdict they shall 
deliver the same to the alcalde publicly, who shall enter it upon his 
docket. 

Sec. 40, The alcalde, whenever he shall be satisfied that a jury, in 
any civil cause before him, after having been out a reasonable time, 
can not agree on their verdict, he may discharge them, and shall issue 
a new jury summons, unless the parties consent that the alcalde may 
render judgment upon the evidence already before him; which, in 
such case, he may do. 

Sec. 41. If the defendant, after being duly summoned, fail to ap- 
pear at the time and place mentioned in the summons, the alcalde 
shall render judgment by default against him, and proceed to ascer- 
tain the amount due from the defendant to the plaintiff. If any 
witness fail to appear, unless good cause be shown, the alcalde shall 
issue an attachment against him to compel his attendance, and may 



46 oocuPATioisr of mexicaist teeritory. 

fine him, not exceeding five dollars, for the use of the county, for a 
contempt of court. 

Sec. 42. If the plaintiff fail to appear before the alcalde at the time 
and place mentioned in the summons, the alcalde shall dismiss his 
suit and enter judgment for cost against him, unless his suit be 
founded upon bond or note; in which case the cause shall proceed 
in the same manner and with the like effect as though the plaintiff 
was personally present. 

Sec. 43. Appeals shall be allowed from judgments of alcaldes when 
the debt or damages do not exceed fifty dollars to the prefect ; in all 
other cases to the circuit court in the same manner and subject to the 
same restrictions as in cases of appeals from the circuit to the 
superior court : Provided^ That an appeal may be taken from the 
judgment of an alcalde within ten days after the rendition of the 
judgment. 

COSTS. 

Section 1. In all civil actions or proceedings of any kind the party 
prevailing shall recover his costs against the other party, except in 
those cases in which a different provision is made by law. 

Sec. 2. In all actions founded on debt or other contract, if the 
plaintiff recover an amount which, exclusive of interest, is below 
the jurisdiction of the court, he shall receive judgment therein; but 
the costs shall be adjudged against him unless the plaintiff's claim, 
as established on the trial, shall be reduced by offsets below the juris- 
diction of the court. 

Sec. 3. When an appeal shall be taken from the judgment of a pre- 
fect or alcalde against the appellant the costs shall be adjudged as 
follows : 

First. If the judgment be affirmed or the appellee, on trial anew, 
shall recover as much or more than the amount of the judgment 
below, the appellant shall pay costs in both courts. 

Second. If, on such trial, the judgment of the appellate court shall 
be in favor of the appellant, the appellee shall pay costs in both 
courts. 

Third. If the appellant shall, at any time before the appeal is per- 
fected, tender to the appellee any part of the judgment, and he shall 
not accept it in satisfaction, ancl the appellee shall not recover more 
than the amount so tendered, he shall pay costs in the appellate court, 
but not in the court below. 

Fourth. If no such tender be made and the appellee recover any- 
thing in the appellate court the appellant shall pay costs in both 
courts. 

Sec. 4. If such appeal shall be from a judgment in favor of the 
appellant, cost shall be adjudged as follows: 

First. If, upon the trial anew, the appellant shall not recover more 
than the judgment below, he shall pay the costs of the appellate court. 

Second. If he recover nothing, the costs shall be adjudged against 
him in both courts. 

Third. If he recover more than the judgment below, he shall re- 
cover costs in both courts. 



OCCUPATIOISr OF MEXICAN TEEEITOEY. 47 

Sec. 5. In cases of appeals in civil suits, if the judgment of the 
appellate court be against the appellant, it shall be rendered against 
him and his securities in the appeal bond. 

Sec. 6. When any demand shall be presented to the court of prefect 
for allowance against the estate of any decedent, if the demand be 
allowed, the estate shall pay the costs;' if disallowed, the party pre- 
senting the demand shall pay the costs. 

Sec^T. If any person commence a suit in the circuit court against 
an estate within twelve months from the date of the administration, 
he may recover judgment, but shall pay all costs. 

Sec. 8. In criminal cases, if the defendant be convicted, costs shall 
be adjudged against him. 

Sec. 9. In all capital cases in which the defendant shall be con- 
victed and shall be unable to pay the costs, they shall be paid by the 
United States; in all other cases of conviction on indictment, when 
the defendant shall be unable to pay the costs, they shall be paid by 
the Territory. 

Sec. 10. In all capital cases, if the defendant be acquitted, the costs 
shall be paid by the United States ; and in all other cases of acquittal 
on indictments the cost shall be paid by the Territory. 

Sec. 11. In all cases when any person shall be committed or recog- 
nized to answer a criminal offense, and no indictment shall be found 
against such person, the prosecutor shall be liable for the costs. 

Sec. 12. If a person charged with an offense sliall be discharged by 
the officer taking his examination; or if on the trial before a prefect 
or alcalde of any criminal offense cognizable before such officers, the 
defendant be acquitted, the costs shall be paid by the prosecutor. 

Sec, 13. In all prosecutions instituted otherwise than by indict- 
ment, if the offender be convicted, the costs shall not be taxed against 
the United States, the Territory, or any county. 

Sec. 14. The person on whose oath or information any criminal 
prosecution shall have been instituted shall be considered the prose- 
cutor. 

Sec. 15. Whenever any person shall be convicted of any crime or 
misdemeanor, no costs incurred on his part shall be paid by the 
United States, the Territory, or any county, except fees for board. 

Sec. 16. When the costs in any criminal case shall be taxed against 
the United States, the Territory, or any county, the fees of clerk, 
sheriff, alcaldes, constable, attorney general, circuit attorney, and all 
other ministerial officers, shall be curtailed one-half. 

Sec. 17. No subpcena for a witness in any criminal case shall be 
issued unless the name of such witness be indorsed on the indictment, 
or the circuit attorney, or the prosecutor in the case, or the defendant 
or his attorney shall order the same. 

Sec. 18. Whenever a witness in a criminal case is recognized or 
subpoenaed he shall attend under the same until he be discharged by 
the court, and no costs shall be allowed for any second recognizance 
or subpcena against the same witness. 

Sec. 19. All fines and penalties imposed, and all forfeitures in- 
curred, in any case not triable by indictment, shall be paid into the 
treasury of the county in which the offense was committed, for the 
benefit of said countv. 



48 occuPATioisr of Mexican teekitory. 

CRIMES AND PUNISHMENTS. 

Section 1. The crimes mentioned in the first article of this law 
being defined with sufficient accuracy by the laws heretofore in force 
in this Territory, it is deemed unnecessary to do more than to annex 
the punishment to the respective oifenses. 

Article I. 

Section 1. If any person shall be convicted of the crime of willful 
murder, such person shall suffer death. If any person or persons be 
convicted of manslaughter, such person or persons shall be impris- 
oned not exceeding ten years and fined not exceeding one thousand 
dollars. 

Sec. 2. If any person or persons shall be convicted of the crime 
or arson, such person or persons shall be imprisoned not exceeding 
ten years and fined not exceeding five thousand dollars. 

Sec. 3. Every person who shall be convicted of robbery or burglary 
shall be imprisoned at hard labor not exceeding ten years and receive 
on his bare back thirty-nine stripes well laid on; and if death ensue 
to any innocent person or persons from such robbery or burglary, the 
perpetrator or perpetrators, and his accessories before the fact, shall 
be deemed guilty of willful murder and punished with death. 

Sec. 4. If any person shall be convicted of larceny or theft, he 
shall be fined in a sum not exceeding one thousand dollars, or im- 
prisoned at hard labor not exceeding two years; and any person 
convicted of stealing any horse, mare, gelding, mule, ass, sheep, 
hog, or goat, shall be sentenced to not more than seven nor less 
than two years' imprisonment at hard labor, or to receive not more 
than one hundred nor less than twenty stripes well laid on his bare 
back. 

Sec. 5. Every person who shall be convicted of forgery or counter- 
feiting shall be imprisoned not exceeding ten years, and receive on 
his bare back not exceeding one hundred lashes well laid on. 

Sec. 6. Every person who shall be convicted of stealing, falsifying, 
or altering any record, or making any fraudulent deed or convey- 
ance, shall be fined not exceeding one thousand dollars, or imprisoned 
not exceeding seven years. 

Article II. 

Section 1. Every person who shall kill another in the necessary 
defense of his own life, or that of any other person, or of his own 
house or property, or in the legal execution of any process, or in 
order to prevent great bodily harm to himself or another, shall be 
deemed guiltless. 

Sec. 2. If any person shall unlawfull}^ have carnal knowledge of 
any woman by force and against her will, he shall, on conviction 
thereof, be castrated, or imprisoned not exceeding ten years, or 
fined not exceeding one thousand dollars. 

Sec. 3. Every person who shall be convicted of obtaining any 
goods, moneys, or effects, with intent to defraud any other person, 
u]ider any false pretense, shall suffer the same punishment ns in case 
of larceny. 



OCCXJPATIOlSr OF MEXICAN TEEEITOKY. 49 

Sec. 4. Every person who shall receive or buy any goods, or effects, 
or chattels, knowing the same to be stolen, or shall knowingly re- 
ceive or harbor any thief or felon, shall, on conviction thereof, be 
punished as in case of larceny. 

Article III. 

Section 1. Every person who shall willfully and corruptly swear, 
testify, or affirm falsely any material matter, upon any oath or 
affirmation or declaration legally administered in any cause, matter, 
or proceeding before any court, tribunal, public bod}^, or officer, 
shall be deemed guilty of perjuiy, and shall be punished as follows: 

First. For perjury committed on the trial of any indictment for 
a capital offense, with an express premeditated design to effect the 
condemnation and execution of the prisoner, death or confinement 
in the county prison not less than ten years. 

Second. For perjury committed on any other trial or proceeding 
or in any other case, by imprisonment not less than five years and 
not ]nore than ten years, and by not less than fifty nor more than 
one hundred lashes on his bare back well laid on. 

Sec. 2. Every person who shall procure any other person by any 
means to commit any willful and corrupt perjury in any cause, mat- 
ter, or proceeding, in or concerning which such other person shall 
be legally sworn or affirmed, shall be punished in the same manner 
as hereinbefore prescribed, upon a conviction for the perjury whicli 
shall have been so procured. 

Sec. 3. Every person who shall be convicted of having, directly 
or indirectly, given an}^ sum or sums of money or any other bribe, 
13resent. or reward, or any promise, contract, or obligation, or se- 
curity for the payment or delivery of any mone}^ present, or reward, 
or any other thing to obtain or procure the opinion, judgTuent, or 
decree of any judge, prefect, or alcalde, acting within this Territory, 
in any suit, controversy, matter, or cause depending before him, and 
every judge, prefect, or alcalde who shall be convicted of having in 
anywise accepted or received the same, shall be fined not more than 
five thousand dollars nor less than five hundred dollars, and shall 
receive not less than twenty nor more than one hundred lashes on 
the bare back well laid on. 

Sec. 4. If any person or persons shall knowingly and willfully 
obstruct, resist, or opj)ose any officer of this Territory in serving or 
attempting to serve or execute any process or any rule or order of 
any of the courts of this Territory, or any other judicial writ or 
process, or shall assault, beat, or wound any officer or other person 
duly authorized, in serving or executing any writ, rule, order, or 
process aforesaid, he or they, on conviction thereof, shall be im- 
prisoned not exceeding t^velve months and fined not exceeding three 
hundred dollars. 

Sec. 5. If any person or persons shall by force set at liberty or 
rescue any person who shall be found guilty of any capital crime, 
or rescue any person convicted of the said crimes, going to execu- 
tion or during execution, he or they so offending and being thereof 
convicted shall suffer death; and if any person shall by force set at 
liberty or rescue anj' person who, before conviction, shall stand 

S. Doc. 896, 62-2 4 



50 OCCUPATION OF MEXICAN TEREITOEY. 

committed for any capital offense, or if any person shall by force 
set at liberty or rescue any person committed for or convicted of 
any other offense against this Territory, the person so offending 
shall, on conviction, be fined not exceeding five hundred dollars and 
imprisoned not exceeding one year. 

Sec. 6. Every person who shall agree or compound to take satis- 
faction for any criminal offense shall forfeit twice the value of the 
sum agreed for or taken: but no person shall be debarred from 
taking his goods or property from the thief, provided he prosecute 
such thief. 

Sec 7. Every person AAho shall be convicted of shooting at or stab- 
bing another on purpose, or of assaulting or beating another with 
a deadly weapon, Avith intent to kill, maim, ravish, or rob such per- 
son, or to commit any other crime, shall be imprisoned not exceeding 
seven years nor less than two years. 

Sec. 8. Every person who shall unlawfully assault, strike, or 
wound another, except as is provided for in the next preceding sec- 
tion, shall, on conviction, be fined a sum not more than fifty dollars 
nor less than one dollar. 

Sec. 9. Every person who shall be convicted of bigamy or jiolyg- 
amy shall be imprisoned not more than seven years nor less than two 
years. 

Sec. 10. If three or more persons shall assemble together with 
intent to do any unlawful act against the person or property of 
another, or to do any other unlawful act against the peace and to the 
terror of the people, or having lawfully assembled, shall make any 
movement or preparation to do such act, they shall, on conviction. 
pay a fine not exceeding fifty dollars and not less than five dollars 
each. 

Sec. 11. The offenses mentioned in the eighth and tenth sections of 
this article shall be punished in a summary way before the alcaldes. 
All other offenses provided for in this law shall be punished by in- 
dictment in the circuit court. 

Sec. 12. The manner of inflicting the punishment of death shall 
be by hanging the person convicted, by the neck, until dead, and shall 
be executed by the sheriff' in not less than twenty nor more than 
thirty days from the time sentence was pronounced. 

Sec. 13. In all cases of imprisonment for otfeiises under this law 
it shall be lawful for the jailor to compel the prisoner to labor at 
some useful employment, under such directions and regulations as 
may from time to time be given by the judge of the court before 
whom the conviction was had; and it shall be lawful to secure such 
convicts by chain and block, or otherwise, so as to prevent their 
escape during the period of their imprisonment. 

Sec. 14. In all cases of conviction under this law, or any other, 
for any criminal offense, the convict shall remain in confinement 
until all the costs attending the prosecution shall be paid and his 
sentence fully complied with; and if such convict shall not dis- 
charge and satisfy the fine and costs, it shall be lawful for the sheriff 
of the county in wdiich the convict may be imprisoned, if the circuit 
judge of that county shall so direct, to bind such convict to labor 
for any term not exceeding five years, to any person Avho Avill pay 
such fine and costs; and the person to Avhom such convict shall be 
bound may secure him, without cruelty, to i^revent his escape. 



OCCUPATION OF MEXICAN TERRITORY. 51 

Sec. 15. This act shall extend to all crimes committed beyond 
the limits of any county or settlement within this Territory, and the 
oifender shall be apprehended and brought to the most convenient 
county or district in tlie Territory, and prosecuted according to law. 

Sec. 16. All fines and penalties accruing under the eighth and tenth 
sections of this article shall be paid into the treasury of the county 
in which the offense was committed; all other fines and penalties 
accruing under this law shall be paid into the Territorial treasury. 

DECISIONS OF SUPERIOR COURT. 

Section 1. The attorney general shall be ex officio reporter of the 
decisions and oj^inions of the superior court. 

Sec. 2. The ojiinion of the court shall, in all cases, be reduced to 
writing and filed in the cause to which it relates, which shall apply 
as well to motions wdiich will dispose of a cause as to final decisions. 

Sec. 3. The opinion shall always contain a sufficient statement of 
the case, so that the same ma}^ be understood without reference to 
the record or other proceedings of the cause. 

Sec. 4. The clerk of the superior court shall, when any opinion 
of the court is filed in his office, indorse thereon the day it is filed, 
and enter the same on his minutes, and shall, within thirty days 
thereafter, make a true copy thereof, and shall certify the same and 
transmit it to the reporter within thirty days after he is required to 
copy the same; and, upon failure to perform the duties required by 
this section, he shall forfeit twenty dollars to the use of the Terri- 
tory, to be recovered by indictment. 

Sec. 5. The reiDorter shall publish the decisions of the superior 
court under the directions of the court. 

elections. 

Section 1. On the first Monday in August, eighteen hundred and 
forty-seven, and every two years thereafter, an election shall be held 
throughout this Territory for a Delegate to Congress and members 
of the general assembly. 

Sec. 2. The governor of the Territory shall divide each county 
into as many election precincts as the public convenience may re- 
quire, and shall name a house in each precinct where the election 
shall be held, and appoint three discreet persons to hold the same at 
each place of election. 

Sec. 3. If the governor shall not designate the election precincts, 
or the house, nor appoint the judges thirty days before the day of 
election, it shall be the duty of the prefects to divide their respec- 
tive counties into precincts, to name a house in each where the elec- 
tion shall be held, and appoint the judges of the election. 

Sec. 4. If both the governor and prefects fail to designate the 
election precincts, the election shall be held at the seat of justice 
of each county which is not so divided into precincts; and if no 
house shall be named by the governor or prefects, it shall be the 
duty of the sheriff' to fix the place of holding the election. And 
if no judge be appointed, or if those appointed fail to attend, the 
voters, when assembled, may apijoint the judges of the election. 



52 OCCUPATION OF MEXICAN TEREITORY. 

Sec. 5. When the governor issues a writ of election to fill any 
vacancy, he shall mention in said writ how many days the sheriff 
shall give notice thereof. 

Sec. 6. It shall be the duty of the clerks of the prefects, respec- 
tively, one month before each general election, or six days before 
a special election, to make out and deliver to the sheriff of their 
counties two blank poll books for each election precinct in their 
county, properly laid off with columns, with the proper certificates 
attached. The sheriff' shall forthwith deliver to the judges of the 
election, in their respective precincts, the blank books aforesaid. 

Sec T., There shall be allowed to the clerks for making out and 
furnishing the poll books aforesaid one dollar for each copy, to be 
paid out of the county treasury. 

Sec. 8. The judges, before they enter on their duties, shall takj 
an oath or affirmation, to be administered by one of their own body, 
or by any magistrate authorized to administer oaths, that they will 
impartially discharge the duties of judge of the present election 
according to law. 

Sec. 9. The judges shall appoint two clerks, who, before entering 
upon the duties of their appointment, shall take an oath or affirma- 
tion, to be administered by one of the persons appointed or elected 
as judge of the election, that they will faithfully record the names 
of all the voters, and distinctly carry out in lines and columns the 
name of the person for whom each voter votes. 

Sec. 10. The judges of each election shall open the polls at nine 
o'clock in the morning and continue them open until six o'clock in the 
evening, when they shall be closed. 

Sec. 11. All elections held in pursuance of this law shall continue 
one day and no longer. 

Sec. 12. At the close of each election the judges shall certify, 
under their hand, the number of votes given for each candidate, 
which shall be attested by their clerks; and they shall transmit the 
same, together with one of their poll books, by one of the clerks, 
to the clerk of the prefect of the county in which the election was 
held, within five days thereafter; the other poll book shall be re- 
tained in the possession of one of the judges of the election, open 
to the inspection of all persons. 

Sec. 13. The clerks of each prefect in this Territory shall, within 
eight days after the close of each election, take to his assistance 
the prefect of his county, and examine and cast up the votes given 
to each candidate, and give to the person having the highest number 
of votes for any particular office a certificate of election. 

Sec. 14. The clerks, in comparing the returns from the seA^eral 
election precincts, shall do it publicly in the courthouse of their 
counties, first giving notice of the same by public proclamation at 
the courthouse door. 

Sec. 15. In all districts for the election of members to the legis- 
lative council composed of two or more counties, the clerks of all 
the counties of the district shall transmit to the clerk of the county 
first named in the district, within twelve days after such election, 
a certificate, under their hands, of the number of votes given to 
each candidate in the respective counties. The clerk of the county 
to which such return shall be made shall give to the person having 
the highest number of votes a certificate of election, under his hand 



OCCUPATION OF MEXICAN TEREITORY. 53 

Sec. 16. The clerks of the several counties to whom a transcript of 
the votes is directed shall, within two days after the time limited 
for the examination of the polls, transmit to the seat of government, 
by a special messenger, a fair abstract of the votes given in their 
respective counties for Delegate to Congress, members of the legisla- 
tive council, and house of representatives. 

Sec. 17. If there shall be a failure to receive any of the returns at 
the seat of government for one week after the same shall be due, 
estimating thirty miles as a day's travel, the secretary of the Territory 
shall dispatch a messenger to the county not returned, with directions 
to bring up said abstract. 

Sec. 18. If such failure shall happen by neglect of the clerk, he 
shall forfeit to the Territory one hundred dollars, together with the 
expense of such messenger, to be recovered by indictment. 

Sec. 19. The secretary of the Territory may delay longer than 
one week, if the circumstances will justify it, taking care that the 
return in all cases be obtained in the time that the returns from thq 
most distant county ought to be made: Provided^ That the secretary 
shall in no case delay to dispatch such messenger for said returns 
more than forty days after such election. 

Sec. 20. Within sixty days after each general election, or sooner 
if the returns shall all have been made, the secretary, in the presence 
of the governor, shall proceed to cast up the votes given in all the 
counties in the Territory for Delegate to Congress, and shall give to 
the person having the highest number of votes a certificate of his 
election, under his hand, with the seal of the Territory affixed thereto. 

Sec. 21. Should any two or more persons have an equal number of 
votes, and a higher number than any other persons, the governor 
shall, in such case, issue his proclamation, giving notice of such fact, 
and that an election will be held at the place of holding elections in 
this Territory for such Delegate to Congress, in which shall be men- 
tioned the day of election; which election shall be conducted and re- 
turned according to the provisions of this law. 

Sec. 22. Within two days after the meeting of each general as- 
sembl}^ the secretary of the Territory shall lay before each house 
a list of members elected, agreeably to the returns in his office ; and 
the two houses shall, Avithout delay, assemble in the hall of the 
house of representatives, and the speaker of the house of represent- 
atives and of the legislative council shall, in the presence of the 
two houses, examine the returns and declare who are elected to fill 
said offices. 

Sec. 23. If any two or more persons have an equal number of 
votes for the same office, and more votes than any other persons, 
the two houses shall, by joint vote, determine the election; and the 
speakers of the two houses shall deposit in the office of the secretary 
of the Territory a certificate declaring w^iat persons have been 
elected. 

Sec. 24. There shall be allowed to clerks for sending or convey- 
ing the returns of any election in any district into any other county 
in the district, as occasion may require, and also to any messenger 
who may be employed to convey the returns of any election to the 
seat of government, at the rate of five cents per mile going and re- 
turning, to be paid out of the Territorial treasury. 



54 OCCUPATION OF MEXICAN TEKRITORY. 

Sec. 25. If any judge or clerk, after he shall have undertaken to 
perform the duties pointed out by this law fails so to do, or if any 
person employed to carry the returns of any election fails so to do. 
he shall be fined two hundred dollars for the use of the county, to 
be recovered by indictment: Prorided^ That said penalty shall not 
be inflicted on any person prevented by sickness or unavoidable acci- 
dent from performing the duties assigned him by this law. 

Sec. 2G. When any person offers to vote, with whose qualifications 
neither of the judges is personally acquainted, either of the judges 
may administer an oath and examine him touching his qualifications 
as a voter. 

Sec. 27. If any person offer to vote in a precinct of which he is not 
a resident, if he possesses the necessary qualifications of a voter, he 
may vote on taking an oath that he has not voted and will not vote 
at any other precinct during this election. 

Sec. 28. When any person who shall offer himself as a voter shall 
be excluded from voting by the judges they shall cause his name to 
be entered on the poll book as a rejected voter and shall also take 
down the names of the persons for whom such person wishes to vote. 

Sec. 29. All judges, clerks, and voters shall be free from arrest, 
except for felony or breach of the peace, in going to, attending on, 
and returning from elections. 

Sec. 30. If any candidate of the proper county or district con- 
tests the election of any person proclaimed duly elected to either 
house of the general assembly, such person shall give notice in 
writing to the person whose election he contests, or leave a written 
notice thereof at the house where such person last resided, within 
forty days after the return of the election to the clerk's office. The 
notice shall specify the names of the voters whose votes are contested, 
the grounds on which such Azotes are illegal, and the name of the 
alcalde who will attend to the taking of the depositions, and when 
and where he will attend to take the same. 

Sec. 31. It shall be the duty of the person whose election is con- 
tested to select another alcalde to attend at the taking of the depo- 
sitions at the time and place specified in the next preceding sec- 
tion; and when the parties meet at the time and place specified for 
taking the depositions, they shall, unless it is otherwise agreed 
upon, select a third alcalde to assist in taking the depositions. 

Sec. 32. If the person whose seat is contested fail to select an 
alcalde, as provided for in the next preceding section, the person 
contesting the same shall proceed to select another alcalde without 
delay, and the two alcaldes thus selected by the contestor shall, in 
such event, have full power and authority to take depositions of 
witnesses who may be brought before them to be examined. 

Sec. 33, The person wdiose seat is contested, if he intends to 
contest the legality of any votes given to the candidate who con- 
tests the same, shall, within twenty days after he is notified that his 
election will be contested, give to the adverse party a similar notice 
to that specified in the thirtieth section of this law; and the candi- 
date to whom the notice is given shall proceed to select an alcalde in 
the same manner as is provided for in the thirty-first section; and 
on his failing to do so the party giving the notice shall, without 
delay, select another alcalde, and the two alcaldes so selected by the 
party proclaimed duly elected shall proceed to take the depositions 



OCCUPATION OF MEXICAN TERRITORY. 5-6 

of such witnesses as may be brought before them to be examined: 
Provided, however. That either party may. without notice, take re- 
butting testimony before the alcaldes at the time and place specified 
for taking depositions. 

Sec. 34. If from sickness or from anj^ other cause the alcaldes so 
selected by either party shall fail to attend at the time and place 
specified for taking depositions, said party shall, without delay, select 
some other alcalde to supply such vacancy. 

Sec. 35. The taking of such depositions shall be commenced within 
forty days from the day of election; and the said alcaldes, or either 
of them, shall is'sue subpoenas to all persons required by either party 
commanding such persons to appear and give testimony at the time 
and place therein mentioned. 

Sec. 36. The alcaldes shall hear and certify all testimony relative 
to such election to the speaker of the house a seat to which is contested. 

Sec. 37. No testimony shall be received by the alcaldes, or either 
house of the general assembly, on the part of the contestor or con- 
testee, which does not relate to the point specified in the notice; a 
copy of which notice, attested by the person who served or de- 
livered the same, shall be delivered to said alcaldes, and by them 
transmitted with the depositions; and no testimony, except that 
contained in the depositions taken before the alcaldes, shall be re- 
ceived as evidence by either house of the general assembly. 

EXECUTIONS. 

Section 1. Tlie party in whose favor judgment, order, or decree in 
an}^ court may be rendered shall have execution therefor in con- 
formity to the order, judgment, or decree. 

Sec. 2. The execution shall be against the goods, chattels, lands^ 
and body of the defendant against whom the judgment, order, or 
decree shall be rendered: Provided,, That executions from alcaldes 
shall not go against lands. 

Sec. 3. AVlien any execution shall be placed in the hands of any 
officer for collection, he shall call upon defendant for payment 
thereof, or to show him sufficient goods, chattels, effects, and lands 
whereof the same may be satisfied ; and if the officer fail to find prop- 
erty whereof to make the same, he shall notify all persons who may 
be indebted to said defendant not to pay said defendant, but to 
appear before the court out of which said execution issued, and make 
true answers on oath concerning his indebtedness; and the like pro- 
ceedings shall be had as in case of garnishees summoned in suits 
originating by attachment. If the officer shall not find sufficient 
goods, chattels, effects, lands, or debts to satisfy the execution he 
shall arrest the bod}^ of the defendant, and in default of payment 
commit him to jail. 

Sec. 4. Any defendant so committed to jail, at the expiration of 
five days from the day of his commitment, may be discharged upon 
rendering a schedule, under oath, of all his property, money, and 
effects and delivering the same to the sheriff of the county. The 
sheriff shall have power to administer the oath aforesaid to said 
defendant. 

Sec. 5. The truth of such schedide may be tried, on the return 
of the execution, before the tribunal which issued the same; and if 



56 OCCUPATION OF MEXICAN TEERITOEY. 

it be found untrue the body of the defendant may be retaken and 
committed to jail to await his trial for perjury. 

Sec. 6. The person whose goods are taken on execution may re- 
tain possession thereof until the day of sale, by giving bond in favor 
of the plaintiff, with sufficient securities, to be approved by the officer, 
in double the value of such property, conditioned for the delivery 
of the property to the officer at the time and place of sale to be 
named "in such condition; which bond shall be returned with the 
execution. 

Sec. 7. Upon a failure of the officer to return such bond, or in case 
of its insufficiency, the officer shall be subjected to the same liability 
as is provided in the case of similar bonds in suits commenced by 
attachment. 

Sec. 8. No goods and chattels, or other personal effects, taken by 
virtue of any execution, shall be sold until the officer having charge 
of the writ shall have given ten days' notice of the time and place of 
sale and of the property to be sold by at least three advertisements 
put up at public places in the county in which the sale is to be made. 

Sec. 9. t\nien real estates shall be taken in execution by any officer 
it shall be his duty to expose the same to sale, at the courthouse door, 
on some day during the term of the court of the county in which the 
same is situated, having previously given twenty da^^s' notice of the 
time and place of sale, and what lands are to be sold, and where situ • 
ated by at least six handbills signed by him and put up at different 
public places in the county. 

Sec. 10, All executions issued by the circuit or superior court or 
court of a prefect twenty days before the next term of such court 
shall be returnable to the said next term : and all executions issued 
from said courts less than twenty days before the next term shall 
be returnable to the second succeeding term. 

Sec. 11. All executions issued by the alcaldes shall be returnablo 
in thirty days from their date. 

FEES. 

Section 1. The attorney general and circuit attorneys, respectively, 
shall be allowed fees as follows, which shall be taxed as other costs: 

1. For every conviction on indictment, where the punishment 
assessed by the court or jury shall be fine or imprisonment, five 
dollars. 

2. For judgment in every proceeding of a criminal nature other- 
wise than by indictment, five dollars. 

3. For his services in all actions which it is or shall be made his 
duty to prosecute or defend, five dollars. 

4. For a conviction for homicide other than capital, for rape, arson, 
burglary, robbery, forgery, and counterfeiting, ten dollars. 

5. For a conviction in a capital case, twenty dollars. 

Sec. 2. The clerk of the prefect shall be allowed the following 
fees: 

1. For recording letters testamentary or of administration, one 
dollar. 

2. For filing the bond of an executor or administrator, fifty cents. 
B. For order appointing guardian or curator, twelve and one-half 

cents. 



OCCUPATION 01 MEXICAN TERRITORY. 57 

4. For filing and preserving bond of guardian or curator, fifty 
cents. 

5. For every order of publication, twenty-five cents. 

6. For every order relating to executors, administrators, or guard- 
ians, not otherwise provided for, twelve and one-half cents. 

7. For copying any order, record, or paper, for every one hundred 
words, ten cents. 

8. For entering every verdict and judgment, twelve and one-half 
cents. 

9. For every instrument of writing, for every one hundred words, 
ten cents. 

10. For proof of every will or codicil taken by the prefect, twenty- 
five cents. 

11. For every certificate and seal, twenty-five cents. 

12. For issuing every subpoena, twenty-five cents. 

13. For administering every oath, three cents. 

14. For keeping abstracts of demands— for each demand, three 
cents. 

15. For certifying the amount, date, and classes of any demand, 
without seal, five cents. 

16. For entering every motion or rule, five cents. 

17. For swearing and entering a jury, twenty-five cents. 

18. For entering every trial, five cents. 

19. For commission to take depositions, twenty-five cents. 

20. For every execution, fifty cents. 

21. For every continuance of a cause, five cents. 

22. For entering an appeal, twelve and one-half cents. 

23. For every writ to summon a jury, twelve and one-half cents. 

24. For every order to distribute assets among heirs, and so forth, 
twelve and one-half cents. 

25. For every settlement of executor, administrator, or guardian, 
whether annual or final, twenty-five cents. 

26. For every order appointing road overseers, twenty-five cents. 

27. For filing and preserving constable's bond, to be paid by con- 
stable, twenty-five cents. 

28. For all services in taking, filing, and keeping collector's bond 
for Territorial taxes, to be paid by the Territory, one dollar. 

29. For like services for collector's bond for county taxes, to be 
paid by the county, one dollar. 

30. For making out Territorial and county taxes, to be paid by the 
Territory and county (each for its own), for every one hundred 
words, ten cents. 

31. For issuing every license, to be paid for by the applicant, fifty 
cents. 

32. For taking, filing, and safe-keeping every other bond, not other- 
wise provided for, fifty cents. 

33. For issuing each writ, and receiving, filing, and docketing the 
return, fifty cents. 

34. For taking every acknowledgment to a deed or writing, twenty- 
five cents. 

Sec. 3. Clerks of the circuit courts shall receive the following fees 
for their services : 

1. For drawing, sealing, and entering every writ and filing the 
same, one dollar. 



58 OCCUPATION OF MEXICAN TEREITOEY. 

2. For taking and entering every recognizance, twenty-five cents, 

3. For taking and entering every bond in any case, twenty-five 
cents. 

4. For every issue joined, twenty-five cents. 

5. For entering every motion, rule, or order, twenty-five cents. 

6. For every continuance of a cause, twenty-five cents. 

7. For every subpoena, Mtj cents. 

8. For a copy of every rule or order, twenty-five cents. 

9. For entering every judgment, fifty cents. 

10. For swearing and entering every jury, fifty cents. 

11. For search of a record of twelve months' standing, five cents. 

12. For entering an appeal to the superior court, twenty-five cents. 

13. For every writ of attachment, one dollar. 

14. For administering every oath, five cents. 

15. For copies of records and papers, for every one hundred words, 
ten cents. 

16. For producing any record of the court under any rule or order, 
twenty-five cents. 

17. For taking and entering of record every acknowledgment of 
sheriff's deed, fifty cents. 

18. For certificate and seal, fifty cents. 

19. For a venire to summon a jury, fifty cents. 

20. For every execution, one dollar. 

Sec. 4. Clerks of the several courts of this Territory possessing 
criminal jurisdiction shall be entitled to the following fees in crimi- 
nal cases : 

1. For every indictment returned by a grand jury, fifty cents. 

2. For venire to summon grand or petit jury, fifty cents. 

3. For issuing and filing every writ of capias or attachment, one 
dollar. 

4. For taking and enteriug recognizance of every prisoner, twenty- 
five cents. 

5. For every issue of fact joined, twenty-five cents. 

6. For every continuance of a cause, twenty-five cents. 

7. For every subpoena, twenty-five cents. 

8. For commission to take depositions, fifty cents. 

9. For entering judgment on plea of guilty, fifty cents. 

10. For swearing and enteriug each grand jury, fifty cents. 

11. For swearing and entering each petit jury, and delivering copy 
to each party, fifty cents. 

12. For judgment on any issue of law or fact, twenty-five cents. 

13. For entering appeal to superior court, twenty-five cents. 

14. For taking recognizance of such appeal, twenty-five cents. 

15. For copies of papers and records, for every one hundred words, 
ten cents. 

16. For administering each oath, five cents. 

17. For each certificate and seal, fifty cents. 

18. For issuing execution, one dollar. 

Sec. 5. Clerks of the superior court shall receive the following 
fees: 

1. For every writ, one dollar. 

2. For taking bond and issuing supersedeas, one dollar. 

3. For supersedeas alone, fifty cents. 

4. For filing transcript and docketing case, fifty cents. 



OCCUPATIOlSr OF MEXICAN TERRITORY. 59 

5. For filing' assignment or joinder of error, twenty-five cents. 

6. For recording the opinion of the court when required so to do, 
for every one hundred words, ten cents. 

7. For copies of the same with certificates, for every one hundred 
words, ten cents. 

8. For certified copies of counsels' briefs, ten cents. 

9. For retaxing any bill of costs, to be paid by the clerk whose bill 
is retaxed, one dollar. 

10. For every other service to be performed by said clerks they 
sliall be allowed the same fees that are allowed to clerks of the cir- 
cuit court for similar services. 

Sec. 6. Sheriffs shall be allowed the following fees for their serv- 
ices: 

1. For serving every citation or summons, for each defendant, one 
dollar. 

2. For serving writ of capias or attachment for each defendant, 
one dollar. 

3. For taking and returning every bond required by law, fifty 
cents. 

4. For levying every execution, one dollar. 

5. For making, executing, and delivering every sheriff's deed, to 
be paid by the purchaser, two dollars. 

fi. For every return of non est inventus, on citation or summons, 
fifty cents. 

7. For a return of nulla bona on execution, fifty cents. 

8. For executing a special summons for a jury, one dollar. 

9. For summoning a jury in any other case, fifty cents. 

10. For summoning each witness, fifty cents. 

11. For serving every order or rule of court, fifty cents. 

12. For attending each court, per day, one dollar and fifty cents. 

13. For calling each jury, action, or party, twelve and one-half 
cents. 

14. For calling each witness, five cents. 

15. For serving each writ of capias in a criminal case, for each 
defendant, one dollar. 

16. For serving a writ of attachment for each person in a criminal 
case, one dollar. 

17. For serving each writ of execution in a criminal case, one 
dollar. 

18. For every return of non est inventus or nulla bona on an execu- 
tion in a criminal case, fifty cents. 

19. For summoning a grand jury, five dollars. 

20. For committing any person to jail in any case, fifty cents. 

21. For furnishing prisoners with board, each da}'^, twenty-five 
cents. 

22. For executing every death warrant, fifteen dollars. 

23. For commission for receiving and paying moneys on execution 
where lands or goods have been levied on, advertised, and sold, three 
and one-half per centum on the first two hundred dollars and two per 
centum on all sums above that amount, and one-half of such commis- 
sion when the money has been paid without a levy or where the land 
and goods levied on have not been sold. 

24. The party at whose application any writ, execution subpoena, 
or other process is issued from the superior court shall cause the same 



60 OCCUPATION OF MEXICAN TEEEITOEY. 

to be returned without fee unless the court shall, for special reasons, 
order the personal attendance of the sheriff, in which case he shall be 
allowed for each mile going and returning from the courthouse of 
the county in which he resides to the place of sitting of the superior 
court, five cents. 

25. Everj^ court shall allow the sheriff or other officer reasonable 
compensation for conducting prisoners from one county to another or 
for keeping the same in custody before they are committed to jail, 
which cost shall be taxed as other costs in criminal proceedings. 

Sec. 7. Witnesses shall be allowed fees for their services in all 
cases, as follows: For attending any court, referee, clerk, or com- 
missioner within the county where the witness resides, for each day, 
fifty cents; for attendance as aforesaid, out of the county, for each 
day, one dollar; for each mile of travel in going to and returning 
from the place of trial, five cents. 

Sec. 8. Alcaldes shall be allowed fees for their services as follows : 

1. For every summons, twenty-five cents. 

2. For every subpoena, twenty-five cents. 

3. For every attachment, fifty cents. 

4. For every judgment, twenty-five cents. 

5. For every execution twenty-five cents. 

6. For administering each oath, five cents. 

7. For every order for a jury, twenty-five cents. 

8. For taking acknowledgment to deed or power of attorney, 
twenty-five cents. 

9. For making certified copies on appeals, for each one hundred 
words, ten cents. 

10. For every writ of habeas corpus, one dollar and fifty cents. 

11. For certifying depositions, twenty-five cents. 

12. For writing depositions, for every one hundred words, ten 
cents. 

13. For issuing a warrant in criminal cases, twenty-five cents. 

14. For swearing a jury, twenty-five cents. 

15. For taking each recognizance, twenty-five cents. 

Sec. 9. Constables shall be allowed the following fees for their 
services : 

1. For serving a warrant in a criminal case, for each defendant, 
fifty cents. 

2. For serving summons or notice in a civil case, twenty-five cents. 

3. For summoning each jury, seventy-five cents. 

4. For taking a criminal to jail, seventy-five cents. 

5. For serving every execution, twenty-five cents. 

6. For taking a debtor to -jail, seventy-five cents. 

7. For taking every bond required by law to be taken by him, 
twenty-five cents. 

8. For summoning each witness, twenty-five cents. 

9. For serving writ of attachment, fifty cents. 

10. For collecting and paying over to plaintiff all sums collected, 
three per centum. 

Sec. 10. Every prefect shall be allowed for his services two hun- 
dred dollars a year, to be paid out of the Treasury of the United 
States, and two dollars a day for every day he may be necessarily em- 
ployed in the discharge of his duties, to be paid out of the county 
treasury. 



OCCUPATION OF MEXICAN TEEEITOEY, 61 

GUARDIANS. 

Section 1. In all cases not otherwise provided for by law, the father, 
while living, and after his death, and when there shall be no lawful 
father, then the mother, if living, shall be the natural guardian of 
their children, and have the custody and care of their persons, edu- 
cation, and estates; and when such estate is not derived from the 
parent acting as guardian such parent shall give security and account 
as other guardians. 

2. If a minor have no parents living, or the parents be adjudged, 
according to law, incompetent or unfit for the duties of guardian, 
the prefects in their respective counties shall appoint guardians to 
such minors. 

3. Every appointment of guardian shall specify whether it be of 
the person or of the personal estate. 

4. All guardians of the estate of any minor and all guardians 
and curators appointed by law shall, before entering on the duties as 
such give bond, with security, to be approved by the prefect by 
whom they were appointed, to the Territory of New Mexico, for 
the use of the minors, respectively, in double the value of the estate 
or interest to be committed to their care, conditioned for the faith- 
ful discharge of their duties according to law. 

5. Guardians and curators shall put the money of minors in- 
trusted to their care to interest upon mortgage, to be approved by 
the prefect ; or they may, with the leave of the prefect and the assent 
of their securities, retain the money in their hands, paying interest 
therefor; but if no person be foimd to take the money on interest and 
the guardian or curator should not choose to retain the same, pay- 
ing interest, then they shall be liable for the principal alone until 
the same can be put to interest. 

6. Guardians and curators may put the money of minors intrusted 
to their care, in all sums under five hundred dollars, to interest, upon 
any sufficient security, to be approved by the prefect. 

7. Guardians and curators shall make annual settlements with the 
court of the prefect in which their proceeding shall be, beginning at 
the first term after the beginning of a year from their appointments 
or admissions, respectivel3^ and at each corresponding annual term, 
as near as may be, until their final settlement; and in such settle- 
ments, guardians having the care and education of minors shall make 
a statement, on oath, of the application of all monevs directed by the 
court to be applied by them to the education of their ward=;. Guard- 
ians and curators neglecting or refusing to make such settlements ot- 
statements on oath herein required shall be liable to be attached and 
imprisoned until they make such settlement and statement, the court 
first making a rule on them, respectively, to show cause why they 
should not be so proceeded against. 

HABEAS CORPUS. 

Section 1. Every person detained in custody charged with a 
criminal offense, or otherwise, may have a writ of habeas corpus by 
application by petition, verified by affidavit of the person in custody 
or some other competent person to any judge, prefect, or two alcaldes. 



62 OCCUPATION OF MEXICAN TEERITOKY. 

2. The petition shall state, in substance, by whom the party for 
whom relief is prayed is imprisoned or restrained of his liberty, and 
the place where, and the true cause thereof, to the best of the knowl- 
edge and belief of the party. 

3. The jailer or person having custody of the petitioner shall 
forthwith be commanded by the officer to whom ap])lication is made, 
by a writ under his hand, to have the petitioner, together with the 
cause of his detention, before the judge, prefect, or alcaldes issuing 
the writ. 

4. The proper officer shall proceed to hear all the evidence for the 
prosecution and against it and to determine the cause in a summary 
manner. 

5. Parties to whom bail has been denied or who Avere unable to 
give bail may have this writ for the j^urpose of being released from 
bail, as required by law. 

6. If the officer trying the same shall deem the party innocent he 
shall release him, but if he thinks him guilty he shall remand Jiim 
or bail him, according to the circumstance of the case. 

JAILS AKD JAILERS. 

Section 1. There shall be kept and maintained in good and suffi- 
cient condition and rejoair a common jail in each county w^ithin this 
Territory, to be located at the permanent seat of justice for such 
county, and at the expense of said county. 

2. The sherilf of each county in this Territory shall have the cus- 
tody, rule, keeping, and charge of the jail within his county and of 
all prisoners in such jail. 

3. It shall be the duty of the sheriif to receive from constables 
and other officers all persons who shall be apprehended by such con- 
stables or other officers for offenses against tliis Territory or who 
shall be committed to such jail by any competent authority. 

4. When any person is confin.ed in jail on civil process, and money 
or property of the person impi'isoned can not be found sufficient for 
his maintenance, the plaintiff, at whose suit the person may be im- 
prisoned, shall pay for his maintenance, at the rate of t.wenty-fivo 
cents per day, to be paid to the sheriff or jailer, to furnish sucli 
prisoner with provisions to the full amount thereof. In case the 
said plaintiff shall refuse to pay the money as aforesaid and shall be 
in arrear two weeks, the sheriff, may discharge the prisoner and re- 
cover the same from said plaintiff in the same manner as other debts. 

5. Wlienever i\i\j sheriff of any county of this Territory shall have 
any person in his custody, either on civil or criminal process, oi* 
there shall happen to be no jail, or the jail of the county shall be 
insufficient, it shall be lawful for such sheriff to commit such jDcrson 
to the nearest jail of some other county, and it is hereby made the 
duty of the sheriff of said county to receive such jierson so com- 
mitted as aforesaid, and him or them safely keep, subject to the order 
or orders of the circuit judge for the county whence said prisoner was 
brought. 

JURORS. 

Section 1. The clerk of each circuit court shall issue an order, at 
least thirty days before each term of said court, to the sheriff, com- 
manding him to summon eighteen good men to serve as grand jurors 



OCCUPATION OF MEXICAN TEKRITORY. 63 

at the next term of said court, who shall be citizens of the county, 
over twenty-one years of age, and householders and freeholders, arid 
subject to no legal disability. 

2. Each grand juror shall be summoned at least six days before 
the first day of the term of the court. 

3. There shall not be less than fifteen grand jurors sworn, and 
if that luunber fail to attend the court shall order the sheriff to sum- 
mon of the bystanders enough others to make up that number. 

4. The clerk shall issue subpoenas for and the sheriff sliall summon 
all witnesses who are required by the grand jury. 

5. The court shall select and have sworn some competent member 
of the grand jury as foreman, who shall swear all witnesses coming 
before them. 

G. The circuit attorney shall attend on the grand jury and con- 
duct all investigations and prepare all indictments directed by the 
foreman. 

7. If any witness shall fail or refuse to aj^pear before the grand 
jury or give evidence before them, the court shall imprison or 
otherwise punish him for contempt. 

8. No grand juror shall disclose any evidence given before the 
grand jury, nor the name of any witness who appeared before them, 
nor that any indictment has been found, nor how any member of 
the grand jury voted on any question, nor what was said by any 
juror, except Avhen lawfully required to testify in relation thereto. 

9. In every case Avhenever a petit jury ma^^ be required, the 
sheriff shall summon twelve free male citizens of the Territory, resi- 
dents of the county, over the age of twenty-one years, and under no 
legal disability. No person of kin to either party or who has 
formed or expressed an opinion in any case and no witness can be 
sworn as a petit juror. 

10. Every juror summoned to attend, and failing, without a good 
excuse, shall be fined by the court, in its discretion, not exceeding 
five dollars. 

11. In all civil cases each party may object to three jurors per- 
emptorily. 

LAWS. 

Section 1. All laws heretofore in force in this Territory which are 
not repugnant to or inconsistent with the Constitution of the United 
States and the laws thereof, or the statute laws in force for tho 
time being, shall be the rule of action and decision in this Territory. 

2. All acts of the general assembly of this Territory shall take 
effect at the end of ninety days after the passage thereof, except 
where it is otherwise specially provided. 

3. When any person, party, or subject matter is described or re- 
ferred to by words importing the singular number or the masculine 
gender, several matters and persons, and females as well as maleS; 
and bodies corporate as well as indivduals shall be taken to be in- 
cluded. 

PRACTICE AT LAW IN CIVIL SUITS. 

Section 1. All actions brought in the circuit court shall be com 
menced by petition, which shall contain a plain statement of the 
names of the parties, the cause of action, and the relief sought; it 



64 OCCUPATION OF MEXICAN TEEEITOEY. 

shall be sworn to before tlie clerk of the circuit court by the plain- 
tiff or his agent, and filed in the office of the clerk. 

2. Upon any such petition being filed as aforesaid, the clerk, ex- 
cept where it is otherwise sj^ecially provided, shall issue a citation 
for the opposite party. 

3. The citation, when issued, shall be indorsed upon or annexed 
to the petition or a copy thereof, and the petition or a copy thereof 
shall be delivered, together with the writ, to the officer having execu- 
tion thereof. 

4. Suits instituted by citation shall be brought in the county in 
which the defendant resides, or in the county in which the plaintiff 
resides and the defendant may be found, in cases where the defendant 
is a resident of this Territorj' ; but if the defendant be a nonresident 
of this TerritorA'' such suit may be commenced in any county. 

5. A citation shall be executed either b}^ reading the petition and 
writ to the defendant, or served by delivering to him a copy of the 
petition and writ ; or third, by leaving a copy of fhe petition and 
writ at his usual place of abode, with some member of the family 
over the age of fifteen years. 

6. In all cases where the defendant shall refuse to hear such writ 
and petition read, or to receive a copy thereof, the offer of the officer 
to read the same or to deliver a copy thereof and such refusal shall 
be a sufficient service of such writ. 

7. Any creditor whose demand amounts to fifty dollars or more 
may sue out a writ of capias in the circuit court by filing an affidavit 
stating that the defendant is justly indebted to him, after allowing 
all set-offs in a sum specified in the affidavit, and on what account 
the affiant has reason to believe and does believe that the defendant is 
about to abscond from the Territory, so as to endanger the collection 
of his debt, and by also filing a bond as is required in attachments. 

8. Creditors whose demands amount to less than fifty dollars may 
sue their debtors before alcaldes, by writs of capias, subject to the 
same rules as are prescribed in the preceding sections concerning 
such writs. 

9. A writ of capias shall be served by taking the body of the 
defendant and retaining the same in custody until discharged by due 
course of law; but the defendant shall be discharged at any time by 
giving bond and security to the sheriff or constable that he will 
render himself in custody to abide the judgment, order, or decree of 
the court. 

10. The defendant may, at the return term of the writ, deny the 
truth of the affidavit by answer without oath, and the same proceed- 
ings shall be had thereon as in cases of attachment. 

11. If the petition and writ shall be served ten days before the 
first day of the next term of said court, the defendant shall, on or 
before the second day of said term, file his legal exceptions to said 
petition, if any he have, which exceptions shall be determined by 
the judge in a summary manner. 

12. If the exceptions be overruled, the defendant shall forthwith 
file his answer under oath, fully admitting or denying, or confessing 
and avoiding every material part of said petition. 

13. If no such exceptions be filed the defendant shall file such 
answer on or before the second dav of said term. 



OCCUPATION OF MEXICAN TERRITORY. 65 

14. All subsequent pleadings shall be filed under oath and in 
such times as the court shall prescribe. 

15. All causes shall be tried at the next term after return of the 
writ, unless continued for good cause. Every cause may be contin- 
ued by a court upon application by either party. A'erified by affidavit, 
showing good cause for such continuance. 

16. All appeals from inferior tribunals to the prefects or circuit 
courts shall be tried anew in said courts on their merits, as if no 
trial had been had below. 

17. The courts may from time to time appoint interpreters and 
translators to interpret the testimony of witnesses and to translate 
any writing necessary to be translated in such courts or cause therein, 
who shall receive therefor the compensation and mileage allowed 
to witnesses, and tAventy-five cents for every one hundred words 
translated. 

PRACTICE AT LAW IN CRiaiTNAL CASES. 

Section 1. Whenever complaint shall be made to any judge, pre- 
fect, or alcalde that a criminal offense has been committed, it shall 
be his duty to examine the complaint, and aiw witness who may be 
introduced by him under oath; if it appear on such examination 
that any crime has been committed the magistrate shall issue B, 
warrant commanding the sheriff or other officer forthwith to take 
the accused and bring him before such magistrate to be dealt with 
according to law. Warrants issued by a judge may be executed in 
any part of the Territory, and warrants issued by any other magis- 
trate may be executed in any part of the county where such officer 
resides. 

2. Whenever any person, who shall have committed a criminal 
offense in any county, shall escape into another, any magistrate 
within the county in which such offender may be found may issue 
his warrant for his apprehension, or may indorse a warrant which 
has been issued by a magistrate in the county from which the crim- 
inal escaped, and have him apprehended thereon and sent before 
some magistrate of the county in which the offender was committed 
for trial. 

3. If the offense be an assault, battery, or affray, or gaming, or 
disturbance of a religious congregation, the prisoner shall be takeji 
before some alcalde and punished in a summary manner. The trial 
of all such offenses shall be by a jury of twelve competent men, who. 
if they find the defendant guilty, shall assess the fine to be paid by 
him, which shall not be less than one dollar nor more than fifty 
dollars. 

-t. In 'ill other cases of crimes the prisoner may be taken before 
any magistrate authorized to issue a warrant, who shall proceed as 
soon as may be to examine the complainant and the witnesses for 
the prosecution, on oath, in the presence of the prisoner, with regard 
to the offense. After the examination of the witnesses for the prose- 
cution, the witnesses for the defense shall be sworn and examined. 

5. While any witness for or against the prisoner is under exami- 
nation the magistrate may exclude all witnesses who have not been 
examined, and may cause the witnesses to be kept apart and pre- 

S. Doc. 806, 62-2 5 



66 OCCUPATION OF MEXICAN TEREITORY. 

vented from conversing with one another until they hare all been 
examined. 

G. If. upon the examination of the whole matter, it appear to the 
magistrate that no offense has been committed by any person, or 
that there is no probable cause to charge the prisoner therewith, he 
shall discharge him; but if it appear that an offense has been com- 
mitted, and that there is probable cause to believe the person guilty 
thereof, the magistrate shall bind, by recognizance, the prosecutor 
and all material witnesses against the prisoner to appear and testify 
before the court having cognizance of the offense, on the first day of 
the next term thereof, and not depart such court without leave. 

7. If the offense be bailable, and the persons offer sufficient securi- 
ties, a recognizance shall be taken, with such securities, for his ap- 
pearance before the court having cognizance thereof, on the first day 
of the next term thereof, and not depart such court without leave. 

8. If the offense be not bailable, or sufficient bail be not offered, 
the prisoner shall be committed to jail, there to remain until he be 
discharged by due course of law. 

9. All examinations and recognizances taken in pursuance of the 
provisions of this law shall be certified by the magistrate taking the 
same and delivered to the clerk of the court in which the offense 
is cognizable, on or before the first day of the next term thereof, 
except where the prisoner is committed to jail. The examination 
of the witnesses for or against him, duly certified, shall accompany 
the AA'arrnnt of commitment, and be delivered therewith to the jailer. 

10. All criminal offenses, except those cognizable before alcaldes 
and prefects, shall be preferred by indictment of grand jury. 

11. No indictment can be found without the concurrence of at 
least twelve grand jurors. When so found, and not otherwise, the 
foreman of the grand jury shall certify under his hand that such 
indictment is a true bill. 

12. Indictments found and presentments made by a grand jury 
shall be presented by their foreman in their presence, and shall be 
there filed and remain as records of such courts. 

13. All trials of criminal offenses shall be had in the county in 
«'hich they were committed : Provided^ Where an offense shall be 
committed on the boundary of two counties, or within five hundred 
yards of such boundary, or where the person committing the offense 
shall be on one side and the injury be done on the other side of such 
boundary, a trial may be had in either of such counties: Provided, 
further^ That if any mortal wound should be given, or any poison 
shall be administered, or any means shall be employed in one county 
bv which any human being shall be killed, who shall die thereof in 
another county, the trial of such offense may be had in either county : 
Provided, also, That if any such wound or mortal injury shall have 
been inflicted in another State on any human being, who shall die 
thereof in this Territory, a trial of such offense may be had in the 
County in which the death happened. 

14. A warrant may be issued for the arrest of the defendant in- 
dicted by the court in which such indictment may have been found, 
or by the clerk or judge thereof, or by any judge of the superic-r 
eourt, and by no other officer ; such warrant may be directed to and 
executed in any county in this Territory. 



OCCUPATION OF MEXICAN TERRITOKY. 67 

15. When the indictment is for a bailable offense, the defendant 
jnay be let to bail by the court in which such indictment is pending, 
or, if such court be not sitting, by the judge thereof, or by the pre- 
fect, or any two alcaldes of the county in which the indictment is 
pending, and by no other officer. 

16. Whenever any person shall be let to bail, the officer taking 
the recognizance shall immediately file the same with the clerk oi: 
the court in which such offense is cognizable. 

17. All indictments shall be tried at the first term at which de- 
fendant appears, unless continued for good cause. 

18. The defendant in every indictment for a criminal offense shall 
be entitled to a peremptory challenge of jurors, as follows: First. 
If the offense charged be punishable with death, to the number of 
twelve. Second. If punished by fine and imprisonment, or stripe.s, 
to the number of eight. Third. In cases not punishable by death or 
stripes, to the number of five, and no more. 

19. The prosecutor shall have a peremptory challenge of three 
jurors, and no more. 

20. A list of the jurors summoned shall be given to the defend- 
ant, in all capital cases, forty-eight hours before the trial, and in. 
all other cases before the jury be sworn, if required. 

21. If any person indicted for an offense and committed to prison 
.shall not be brought to trial before the end of the second term (jf 
the court which shall be held after the finding of such indictment, 
he shall be entitled to his discharge, unless the delay happened on 
his application. 

22. All issues of fact in any criminal case shall be tried by a jury, 
who shall assess the punishment in their verdict, and the court shall 
render a judgment accordingly, and no trial of any criminal offense 
shall be had unless the accused be personally present. 

23. In all cases of final judgment rendered upon any indictment, 
an appeal to the superior court shall be allowed, if applied for during 
the term at which such judgment is rendered. 

24. No such appeal shall stay the execution of such judgment;, 
unless the circuit court shall be of opinion that there is probable 
cause for such appeal, or so much doubt as to render it expedient 
to take the judgment of the superior court thereon, and shall make 
an order expressly directing that such appeal shall operate as a stay 
of proceedings. 

25. If the defendant in the judgment so ordered to be stayed shall 
be in custody, it shall be the duty of the sheriff to keep the defend- 
ant in custody, without executing the sentence which may have been 
passed, to abide such judgment as may be rendered upon the appeal. 

26. In all cases where an appeal is prosecuted from a judgment 
in a criminal cause, except where the defendant is under sentence 
of death or imprisoned for life, the court which is authorized to 
order a stay of proceedings imder the preceding provisions may 
admit the defendant to bail upon a recognizance, with sufficient se- 
curities, to be approved by such court, conditioned that the defendant 
shall appear in the superior court, at the next term thereof, to re- 
ceive judgment in the appeal and abide its decision, render himself 
in execution, and obey every order and judgment which may be made 
HI the premises. 



68 OCCUPATIOX OF MEXICAN TEREITOEY. 

27. The Territory shall be allowed an appeal in criminal cases only 
in the cases and under the circumstances mentioned in the next suc- 
ceeding section. 

28. When any indictment is quashed, or adjudged insufficient on 
demurrer, or judgment is arrested, the circuit court may cause the 
defendant to be committed or recognized to answer another indicr- 
nient, or an appeal to the superior court shall be granted, if the 
prosecuting attorney desire it. 

29. If an appeal be granted, the circuit court shall order the de- 
fendant to be committed or recognized, and the commitment or 
recognizance shall be to the same effect as when the defendant is 
liimself the appellant. 

30. When an appeal shall be taken which operates as a stay of 
])roceedings, it shall be the duty of the clerk of the circuit court 
to make out a full transcript of the record in the cause, certify, and 
return the same to the office of the clerk of the superior court without 
delay. 

31. When the appeal does not operate as a stay of proceedings, 
such transcript shall be made out, certified, and returned, on the 
application of the appellant. 

32. Xo assignment or error, or joinder in error upon any appeal 
in any criminal case, shall be required. 

33. When the appeal is taken by the party indicted, if the superior 
court affirm the judgment of the circuit court it shall direct the sen- 
tence pronounced to be executed, and the same shall be executed 
accordingly. If the judgment be reversed the superior court shall 
direct a new trial, or that the defendant be absolutely discharged, 
according to the circumstances of the case. 

34. When the appeal has been taken by the Territory, if the judg- 
ment of the circuit court be affirmed, the party shall be discharged ; 
if reversed, the superior court shall direct the circuit court to enter 
np judgment upon the verdict rendered, or when no judgment has 
been rendered, to proceed to trial on the indictment. 

35. The circuit court, to which any criminal cause shall be re- 
manded for a new trial, shall proceed thereon in the same mann'jr 
as if such cause had not been removed to the superior court. 

REGISTER or LANDS. 

Section 1. An office called the office of the register of lands is es- 
tablished, which shall be kept at the city of Santa Fe. 

2. Until otherwise directed by law, the duties of said office shall 
])e discharged by the secretary of the Territory. 

3. The register shall procure, for the use of his office, large, well- 
bound books, wherein shall be recorded, in a fair, legible hand, all 
instruments of writing herein required to be recorded. 

4. It shall be the duty of the register of lands to record all papers 
and documents of and concerning lands and tenements situated in 
this Territory, which were issued by the Spanish or Mexican Gov- 
ernment, remaining in the archives of the secretary of the Territor}^ 
or which were in any of the offices of the department of New Mexico 
under the Mexican Government. 

5. Every person claiming land in this Teritory by virtue of any 
Spanish or Mexican grant may deliver to the register of lands a 



OCCUPATION OF MEXICAN TERRITORY. 69 

notice, in writing, stating the nature and extent of his claim; and 
shall also, at the same time, deliver to the register of lands, for 
the purpose of being recorded, the grant, order of survey, deed, 
conveyance, or other written evidence of his claims, and the same 
shall be recorded by the register, for which the party shall pay hiui 
twelve and a half cents per hundred words contained in such written 
evidence of the claims. 

6. When there is no written evidence of claim, the claimant may 
take evidence in writing before some officer having authority to 
administer oaths, showing the nature and extent of his claim, how 
liiuch of the land claimed has been actually cultivated and inhabited 
by himself, and those under whom he claims, and for what length of 
time; and also as to any grant, deed, or conveyance relating to said 
land having existed, or any record thereof ever having been made, 
and as to the loss or destruction of the same, and how and when 
such loss or destruction happened. If any person shall neglect to 
deliver such evidence and notice of his claim, as presented in this 
and the preceding section, within five years from the first day of 
next January, such claim shall be void. 

7. The register of lands shall communicate to the governor, or 
either house of the general assembly, such information relative to 
his office as may be called for by them respectively ; he shall also 
transmit to the Commissioner of the General Land Office, at the 
city of Washington, once a year, beginning on the first day of Jan- 
uary, eighteen hundred and forty-eight, a fair abstract of all lands 
claimed as aforesaid, for which services he shall be paid ten cents 
per hundred words contained in the said abstract by the United 
States. 

8. The register of lands shall procure, keep, and use a seal of 
office, and shall furnish every person desiring it a certified copy of 
any record or paper in his office, authenticated by such seal, and 
shall receive for said copy ten cents for every hundred words con- 
tained in it, and one dollar for the certificate and seal, to be paid 
by the applicant. 

9. The register of lands shall faithfully keep all the records, books, 
papers, and effects committed to his care, and shall not permit any 

or paper to be taken out of his office unless the same be called 

for by the governor, or the general assembly, or the constituted 
authorities of the United States. 

10. Nothing contained in the fifth or sixth article of this law shall 
be taken to include infants, married women, persons of unsound 
mind, nor those without the Government of the United States, while 
such disabilities continue. 

11. For every wilful neglect of duty or wilful violation of hiw 
?n his office, the register of lands may be indicted, and, upon con- 
viction, shall be removed from office, and fined not exceeding one 
thousand dollars. 

RECORDS AND SEALS. 

Section 1. The superior and circuit courts, and the court of the 
prefect, shall procure and keep a seal, with such emblem and devices 
as the court shall deem proper. 

2. The impression of the seal of any court by stamp shall be a 
sufficient sealing in all cases where sealing shall be required. 



70 OCCUPATION OF MEXICAN TERRITOEY. 

3. When no seal is provided, the clerk may use his private seal 
for the authentication of any record, process, or proceeding required 
by law to be authenticated by the seal of his office. 

4. All of said courts shall keep just and faithful records of their 
proceedings in Spanish and English. 

5. Everv alcalde shall keep a docket, in which he shall enter — 
First. The titles of all causes commenced before him. 

Second. The time when the first process wa^ issued against the 
defendant and the particular nature thereof. 

Third. The time when the parties appeared before him. 

Fourth. Every adjournment, stating at whose request and at what 
time. 

Fifth. The time when the trial was had. 

Sixth. The verdict of the jury. 

Seventh. The judgment rendered by the alcalde and the time of 
rendering the same. 

Eighth. The time of issuing an execution and the name of the 
officer to whom delivered. 

Ninth. The fact of an appeal being allowed. 

REVENUE. 

Section 1. No person shall, directly or indirectly, sell any spiritu- 
ous liquors or wines without a license, as a grocery or dramshop, 

2. No person shall deal as a merchant without a license first ob- 
tained according to law. 

3. No person shall deal as a pedlar without a license. 

4. No person shall keep, or permit to be used and kept, any bil- 
liard table without a license. 

5. No person shall carry on the business of distilling liquor from 
wheat, corn, or any other grain ; nor shall, under any pretense, keep 
such distillery, or suffer or permit any spirituous liquors to be made 
or distilled from wheat, corn, or any other grain, on his or her ac- 
count, or suffer or permit any such liquors to be made or distilled 
from wheat, corn, or any other grain, or any still belonging to him 
or her, or under his or her control, without a license. 

6. A dramshop keeper is a person permitted by law to sell wine 
or spirituous liquors in a less quantity than one quart, or to be 
drunk at the place of sale. 

7. A grocer is a person permitted, as aforesaid, to sell goods, 
wares, and merchandise — all kinds of dry goods excepted — and in- 
toxicating liquors and wines, in a quantity not less than one quart, 
not to be drunk at the place of sale. 

8. A merchant is a person permitted, as aforesaid, to deal in sell- 
ing goods, wares, and merchandise at any store, stand, or place occu- 
pied for that purpose. 

9. A pedlar is a person permitted, as aforesaid, to deal in the 
selling of goods, wares, and merchandise, other than the growth, 
produce, or manufacture of this Territory, by going from place (o 
place to sell the same. 

10. Upon every license to keep a billiard table there shall be levied 
a lax, for Territorial purposes, of thirty dollars for each table, for 
every period of six months. 



OCCUPATION OF MEXICAN TEEEITORY. 71 

11. Upon every license to a grocer or dramshop keeper there shall 
be levied a tax of not less than ten nor more than fifty dollars for 
every period of six months. 

12. Upon every license to a merchant there shall be levied as fol- 
lows: Where the amount of merchandise received for sale for the 
last six months preceding the granting of the license does not exceed 
the sum of one thousand dollars, a tax of fifteen dollars for every 
period of six months. 

13. Where the amount of merchandise received, as aforesaid, ex- 
ceeds in value one thousand dollars but is less than three thousand 
dollars, the sum of twenty dollars for every period of six months. 

14. Where the amount of merchandise received for sale, as afore^ 
&aid, is as much in value as three thousand dollars but less thaTi 
six thousand dollars, the sum of thirty dollars for every period of 
six months. 

15. Where the amount of merchandise received for sale, as afore- 
said, shall exceed in value six thousand dollars a tax of forty dollars 
for every period of six months. 

16. Before any person shall receive a license as a grocer or as a 
merchant he shall deliver to the collector of the proper county an 
aggregate statement in writing of the amount of all goods, wares, 
and merchandise (except such as are the growth or manufacture of 
the Territory) received at his grocery, store, shop, stand, or ware- 
house for sale for the last six months preceding the application for 
such license; such statement shall be signed and sworn to by the 
person making application for such license, or some credible ]Deri-on 
for him. 

17. There shall be levied on all pedlars' licenses a Teritcrial tax 
of the following rates : 

First. If the pedlar travel and carry his goods on foot, five dollars 
for every period of six months. 

Second. If on one or more horses or beasts of burden, five dollars 
for every horse or beast of burden for every period of six months. 

Third. If in a cart or land carriage, eight dollars for every period 
of six months. 

18. The several prefects are empowered to lay such sum as may 
be necessary annually to defray the expenses of their respective 
counties by a tax upon all property and licenses made taxable by 
law for Territorial purposes; but the county tax shall in no cast; 
exceed the Territorial tax on the same subjects of taxation mor6 
than one hundred per centum for the same time. 

19. There shall be levied on all distillers' licenses twenty-five 
dollars for each still he may use for every period of six months. 

20. There shall be levied on all goods, wares, and merchandis^-i, 
as contained in the statements required to be made by the sixteenth 
section of this law, an ad valorem tax of one-fourth of one pei^ 
centum. 

21. The clerk of the prefect shall issue as many blank licenses for 
billiard tables, dramshops, groceries, merchants, pedlars, and dis^ 
tillers as the prefect may direct. Such clerk shall deliver to the col^ 
lector of his county all licenses so issued and shall charge him there- 
with in a book to be kept for that purpose. 



72 OCCUPATION OF MEXICAN TERRITORY. 

22. Each collector at each regular term of the court of the prefect 
of his county shall return — 

First. All blank licenses not granted by him. 

Second. A list of licenses granted by him and not before accounted 
for, shoAving the names of persons to whom granted, the amount of 
taxes collected on each, and the commencement and termination 
of e;K'h license so granted by him. 

Third. The ngaregate statements of the amount of merchandise 
sworn to and delivered to him by the person or persons to whom 
license was granted. 

23. The ])refect. at each regular term of his court, shall settle and 
adjust the account of collectors for licenses delivered to him under 
the provisions of this law, giving him credit for all blank licenses 
returned and charging him for all licenses not returned, according 
to the aggregate statements required to be returned by the third 
subdivision of the next preceding section. 

24. If the collector shall fail to return a number of such aggre- 
gate statements corresponding in number with the licenses not re- 
turned above the number of such aggregate statements returned, the 
prefect shall, for each license not returned, charge him in such 
settlement the sum of two hundred dollars. 

25. The prefect, on ascertaining the amount received by the col- 
lector for licenses and taxes, for which he shall become chargeable 
under this law, shall cause his clerk at each term to certify to the 
auditor of public accounts the amount so charged against the collector 
of his county. 

26. No license granted in virtue of this law shall authorize any 
person to carry on the business authorized by such license in any 
other county than the one in which the license was granted, nor at 
more than one place in the proper county at the same time, nor for 
0, longer period than six months. 

27. At the time of granting a license the sheriff shall collect, in 
addition to the sums aforesaid, the sum of fifty cents as clerk's fee. 

28. Every collector shall receive, as a full compensation for his 
services for collecting the revenue, two per centum on all sums -.o 
collected. 

29. Every collector of the revenue having made settlement, ac- 
cording to law, of county revenue by him collected or received, shall 
forthwith pay the amount found due from him into the county 
treasury, and the clerk of the prefect shall give him a receipt there- 
for under the seal of the court. 

30. Every collector shall annually, on or before the first Mondav 
in December, pav into the Territorial treasury the whole amount of 
revenue with which he may stand charged, deducting his commis- 
sion, and the treasurer shall give duplicate receipts for the amount 
paid, one of which shall be deposited with the auditor in five days 
after its date. 

31. Every collector who shall fail to make payment of the amount 
due from him in the time and manner prescribed in the two pre- 
ceding sections shall forfeit two and one-half per centum per month 
on the amount wrongfully withheld, to be computed from the time 
the amount ought to have been paid until actual payment. 

32. When any person shall be found keeping a billiard table, 
dramshop, grocery, or distillery, or vending goods as a merchant 



OCCUPATION OF MEXICAN TERRITORY. 73 

or pedlar, contrary to the provisions of this law, every sheriff, col- 
lector, coroner, and constable shall, and every other person may, 
give information thereof to the prefect of the county without delay. 
The prefect shall issue his warrant, directed to the sheriff or any 
constable of the county, and cause the offender to be arrested and 
brought before him, and he shall determine the case in a summary 
manner, and assess the punishment, which shall not be more than 
five hundred dollars nor less than fifty dollars. 

33. Appeals may be taken from all such judgments of the pre- 
fects to the circuit court, but no such appeal shall be allowed unless 
it bo taken on day of trial. 

SHERIFFS. 

Section 1. The governor shall appoint some suitable person as 
sheriff in every county in this Territory, who shall hold his office for 
two years, and until his successor be appointed and qualified. 

2. Every sheriff shall, within fifteen days after he receives such 
appointment, give bond to the Territory in a sum not less than one 
thousand nor more than fifty thousand dollars, conditioned for the 
faithful discharge of his duties, with sureties to be approved by the 
circuit judge, which bond shall be filed in the office of the clerk of the 
circuit court of the county of which he is sheriff. 

3. All process issued by the clerk of the circuit court and by the 
clerks of the prefects shall be directed to the sheriffs of their ro- 
.'-pective counties, who shall execute such process according to law 
and shall attend upon such courts during their sittings. 

4. The sheriff shall be conservator of the peace within his county; 
shall suppress assaults and batteries, and apprehend and commit 
to jail all felons and traitors, and cause all offenders to keep the 
peace and to appear at the next term of the court and answer sucii 
charges as may be preferred against them. 

.5. If any sheriff shall detain any monev collected bv him by virtue 
of his office after the same shall have been demanded, he shall be 
removed from office by the circuit court, on motion founded on 
charges exhibited. A notice of the motion and copy of the charges 
shall be served on him at least ten days before the day on whicJi 
the motion is made. 

6. A jury may be summoned to try the truth of the charges, if 
they are desired, or the whole may be submitted to the determina- 
tion of the court, at the option of the accused. 

The sheriff of each county shall be ex officio collector of his county, 
and shall, before entering on his duties as such collector, enter into 
a bond to the Territory, to be approved by the prefect, in a sum at 
least double the amount of the revenue to be collected by him, con- 
ditioned that he will faithfully collect and pay over all the revenue 
for the two ensuing years, and that he will faithfully perforin all the 
duties of collector according to law, and shall render an account to 
the prefect at his November court, in cash, and pay over to the county 
treasurer whatever may be due the county, ancl to the Territorial 
treasurer whatever may be due the Territory. One month aftet 
such settlement and failure to do so he may be removed from office 
in like manner as the sheriff. 



74 OCCUPATION OF MEXICAN TEKRITOEY. 

TEEASURY DEPAETMENT. 

Section 1. The Territorial treasurer and auditor shall keep their 
offices at the seat of government; they shall be commissioned by 
the governor, and shall, before entering on the discharge of their 
duties, respectively execute and deliver to the governor a bond to 
the Territory in the sum of at least three thousand dollars, to be 
approved by the governor, conditioned for the faithful discharge oi 
all duties required or which may be required of them by law. 

2. The governor shall indorse on the bond his approval thereof, 
stating the time of the approval, and deliver the same to the secre- 
tary, who shall record the same in his office. 

3. The auditor of public accounts shall audit, adjust, and settle 
Jill claims against the Territory payable out of the treasury; he shall 
draw all vrarrants on the treasury for money; he shall express in the 
body of every warrant the particular fund appropriated by law out 
of which the same is to be paid ; audit, adjust, and settle the accounts 
of all collectors of revenue, and other holders of public money, who 
are required by law to pay the same into the public treasury; keep 
an account between the Territory and the Territorial treasury; re- 
i)ort to the general assembly, at the commencement of each regular 
session, a full and detailed statement of the condition of the revenues, 
a full and detailed estimate of the revenues and expenditures for the 
two succeeding years, and a tabular statement showing separately 
ihe whole amount of each appropriation of money made by law, the 
amount paid under the same, and the balance unexpended. 

4. All collectors of revenue, and others bound by law to pay 
money directly in the treasury, shall exhibit their accounts and 
vouchers to the auditor on or before the first Monday in December 
of each year, to be audited, adjusted, and settled; and every such 
officer shall be allowed five cents for every mile they may necessarily 
travel in going to the seat of government and returning to their 
residences, for the purpose of settling with the auditor and pa^nng 
ihe revenue into the Territorial treasury. 

5. The auditor, whenever he may think it necessary to the proper 
settlement of any accounts, may examine the parties, witnesses, and 
others, on oath or affirmation, touching any matter material to be 
Imown in the settlement of such account, and for that purpose may 
issue subpoenas and compel witnesses to attend before him and give 
evidence, in the same manner and by the same means as are allowed 
to courts of law. 

6. The treasurer shall receive and keep all moneys of the Terri- 
tory, except when otherwise specially provided; disburse the public 
money upon warrants drawn upon the treasury according to law, 
and not otherwise: keep a just, true, and comprehensive account of 
all moneys received and disbursed; render his accounts to the auditor 
quarterly, or oftener if required; report to each house of the general 
assembly, within ten days after the commencement of each regular 
session, a detailed statement of the condition of the treasury. 

7. The treasurer shall grant duplicate receipts, under the seal of 
his office, for all sums of money which shall be paid into the treasury, 
and the person receiving the same shall deposit one with the auditor, 
who shall credit such person ac(!ordingly and charge the treasurer. 

S. If the auditor or treasurer shall wilfully neglect or refuse to 
perform any duty enjoined by law, or shall be guilty of any op- 



OCCUPATION OF MEXICAN TERRITORY. 75 

pression or extortion in the performance of any legal duty, he shall 
forfeit to the Territory any sum not exceeding one thousand dollars, 
to be recovered by indictment. 

9. The prefect of each county shall appoint a treasurer therefor, 
and when a vacancy occurs in the office shall fill the same. 

10. So soon as he is appointed, the treasurer shall enter into a 
bond to the county, in such sum and with such securities, residents 
of the county, as shall be approved by the prefect, conditioned for 
the faithful performance of the duties of his office. 

11. He shall keep a just account of all moneys received and dis- 
bursed, and regular abstracts of all warrants drawn on the treasurer 
and paid; he shall make duplicate receipts, in favor of the proper 
person, for all moneys paid into the treasury, and keep the book>, 
j)apers, and money thereto pertaining ready for the inspection of the 
prefect at all times. 

12. As often and in such manner as may be required by the pre- 
fect, he shall furnish an account of the receipts and expenditures of 
ihe county. 

13. He shall, at least once in every year, settle his accounts with 
the prefect, and at the close of the term for which he was appointed 
the prefect shall immediately proceed to ascertain, by actual ex- 
amination and count, the amount of balances and funds in the hands 
of such treasurer, and to what particular fund it belongs. If any 
county treasurer die, his executor or administrator shall immediately 
settle his accounts as treasurer with the prefect, and deliver to his 
successor in office all things pertaining thereto. 

14. All collectors, sheriffs, clerks, constables, and other persons 
chargeable with moneys belonging to any county, shall render the'i* 
accounts to and settle with the court of the prefect at each stated 
term thereof, pay into the county treasury any balance which may 
be due the county, take duplicate receipts therefor, and deposit one 
of the same with the clerk of the prefect within five days thereafter. 

15. It shall be the duty of the clerk of the prefect to keep regular 
accounts between the treasurer and the county, and to keep just 
accounts between the county and all persons chargeable with money 
payable into the county treasury, or who may be entitled to receive 
pay therefrom ; to file and preserve in his office all accounts, vouchers, 
and other papers pertaining to the settlement of any account to 
which the county shall be a party; to issue warrants on the treasury 
for all moneys ordered to be paid by the prefect, keep an abstract 
thereof, present the same to the court of the prefect at every regular 
term thereof, balance and exhibit the accoimts kept by him as often as 
required by the prefect, and keep his books and papers ready at all 
times to be inspected by the prefect. 

16. It shall be the duty of all clerks to keep just accounts of ail 
fines, penalties, forfeitures, and judgments rendered, imposed, or 
accruing in favor of any county, or of the Territory, ready at ail 
times for the inspection of the judge of their respective courts. 

17. It shall be the duty of the circuit court and the court of the 
prefect, at each term thereof, to settle with the sheriffs of the coun- 
ties for which such courts are holden, for all moneys by them re- 
ceived, or which they ought to have collected, for the use of their 
respective counties, or the Territory, and have not before accounted 
for ; they shall cause their clerks to make out a list of all sums charge- 



76 OCCUPATION or Mexican tereitory. 

able to said sheriffs, payable to the counties or Territory, specifying 
on what account, and cause the same to be certified to the clerk of 
the i^refect, or the auditor of the Treasury, as the case may require. 

18. It shall be the duty of each alcalde, at each term of the court 
of the prefect, to make out a list of all fines by him imposed to the 
use of the county, stating the name of the officer who has or ouglu. 
to have collected the same; which he shall certify and deliver to the 
clerk of the prefect, who shall charge the same accordingly. 

19. Every sheriff, collector, clerk, constable, or other person charge- 
able with money belonging to any county, who shall fail to pay the 
same into the county treasury without delay, shall forfeit two and 
one-half per centum per month on the amount wrongfully withheh^ 
to be computed from the time the amount ought to have been paid 
until actual payment. 

20. No sheriff, collector, constable, clerk, or deputy thereof shall 
he eligible to the office of county treasurer. 

21. Each prefect shall have power to audit and adjust and settle 
all accounts to which his county shall be a party, to order the pay- 
ment out of the county treasury of any sum of money found due 
by the county, and to allow the clerk and treasurer of the county, for 
their respective services under this law, such compensation as he may 
deem just and reasonable. 

^\ATER COURSES, STOCK MARKS, AND SO FORTH. 

Section 1. The laws heretofore in force concerning water course^, 
stock marks, and brands, horses, inclosures, commons, and arbitra- 
tions, shall continue in force, except so much of said laws as requires 
the ayuntementos of the different villages to regulate these subjects, 
which duties and powers are transferred to and enjoined upon the 
alcaldes and prefects of these several counties. 

WITNESSES. 

Section 1. In all cases where witnesses are required in any caui^e 
pending in any court having a clerk, such clerk, and in all other 
cases the person holding the court, shall issue a subpoena for sucli 
vritnesses, stating the day and place when and where the witnesses 
are to appear. 

2. Such subpoena shall contain the names of all witnesses _ for 
uhom a summons is required by the same party at the same time, 
in the same cause, and who reside in the same county, and may be 
served in any county in this Territory in the same manner as a cita- 
tion or summons for a defendant. 

3. A witness summoned in any cause pending in any court, and 
failing to attend, may be compelled to appear by writ of attachment 
against his body, which maybe served in any county in this Territorv. 

Done at the government house, in the city of Santa Fe, in the 
I'erritory of New Mexico, by Brigadier General Stephen W. Kearny, 
bj virtue of the authority conferred upon him by the Government 
of the United States. 

S. W. Kearny, 
Brigadier General^ U. S. Army. 
September 22, 1846. 

o 



LB' '12 



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